ABSTRACT
Laws and regulations that are not well organized will result only to many disharmonious and unsynchronous issues, both vertically and horizontally. This issue has raised the concept of the executive review as a solution. The problem is, which state institution who has the authorities. This research describes the legal aspects in the making of laws and regulations and the position of executive review in the Indonesian constitutional legal system. This normative juridical law research uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The legal aspects of making such laws and regulations must accommodate the philosophical, sociological and juridical foundations. Legal analysis and assessment are parts of significant examination concept of laws and regulations in the legal state constitutional system. Reviews are carried out by assessing whether or not the enacted and applicable laws and regulations have reached the purposes for which they are made, and at the same time to identify the benefits and impacts of the implementation of these legal norms to the society. The results are recommendations on what should be done to the laws and regulations, whether to amend, revoke or maintain them. In the Indonesian constitutional legal system, any reviews for cancellation of a law or regulation falls under the authority of the judicative institutions by means of judicial review mechanism. Therefore, the legal assessment and analysis tasks within the context of laws and regulations reviews that may lead to recommendations whether to revoke, amend and maintain the same, should not be under the authority of the executive institution. As such authority may overlap and conflict with the duties and authorities of the judiciary authorities, both at the Constitutional Court level and the Supreme Court level. The government should emphasize more on exercising the regulatory supervision authority by means of enforcing the executive preview, the review on the legal norms before they are enacted and binding the public as a product of legislation.
Keywords: executive review concept; constitutional law system; Indonesia.
JURNAL HUKUM 2019 : MENDUDUKKAN KONSEP EXECUTIVE REVIEW DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA
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