Raison d'Etre Reconstruction of the Position of the Presidential Regulation in the Regulatory Hierarchy Indonesian Legislation

Abstract

This study focuses on the issue of the position of the Presidential Regulation in the hierarchy of constitution and regulations by presenting the idea of limiting executive power in the formation of a Presidential Regulation that regulates the fulfillment of legal needs that have a broad impact on people's lives. In reviewing the intended purpose, the researcher uses a normative legal research method that is supported by a statutory approach, a historical approach, and a conceptual approach. This method is used to search for answers to the problem formulation by analyzing it. Based on the research results, it is necessary to reconstruct the existence of a Presidential Regulation in the hierarchy of constitution and regulations because it has the potential to be used as a tool for abuse of power. This is marked by the dualism between Presidential Regulations, and Government Regulations, which create confusion in the field of formation of constitution and regulations, as well as the process of forming Presidential Regulations which is shorter and easier when compared to other types of legislation in the hierarchy of constitution and regulations. Because the process of forming a Presidential Regulation deviates from the regulation regarding the formation of legislation in accordance with the constitution, so that causing hyper-regulation.