Conceptualization of Policy Regulatory Review in the Principle of the State of Democratic Law

DOI

10.2991/978-2-38476-024-4_39How to use a DOI?

Keywords

Testing; Policy Regulation; State of Law

Abstract

The state of Indonesia is a country of laws. Consequently, all acts of state power must always adhere to the law, in realizing a democracy based on a law or a democratic state of law. State administrative officials have the authority to make policy regulations based on the authority of freedom of action (freies ermessen). Unlike the case with laws and regulations, policy regulations are not given the authority to be reviewed. Judicial review includes testing the legal actions of the ruler either actions outside his authority or because public officials did not perform the actions they should have taken. Judicial review about the control of judicial power over government legal action. The formulation of the problem in this paper, namely, what is the position of policy regulations in Indonesian laws and regulations? and how is the conceptualization of the testing of policy regulations in the perspective of a democratic legal state? The method of analysis in this paper is normative juridical using a statutory approach and conceptual approach. The conceptualization of the testing of policy regulations needs to be carried out again so that there is legal protection provided to parties who are harmed by the existence of policy regulations as adopted in democratic legal countries. In order to avoid policy regulations that go beyond the limits of freedom of action and undermine the prevailing legal order as embraced in the concept of a democratic legal state, the judge can at least contain the option of testing policy regulations by using interpretation by the method of interpretation, which is the autonomy or independence of judges in legal discovery.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Andryan Andryan
AU  - Zainuddin Zainuddin
AU  - Benito Ashie Kodiyat
PY  - 2023
DA  - 2023/04/19
TI  - Conceptualization of Policy Regulatory Review in the Principle of the State of Democratic Law
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 401
EP  - 410
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_39
DO  - 10.2991/978-2-38476-024-4_39
ID  - Andryan2023
ER  -