PENGUJIAN TERHADAP PERATURAN KEBIJAKAN DI INDONESIA

ARSALAN, HAIKAL (2017) PENGUJIAN TERHADAP PERATURAN KEBIJAKAN DI INDONESIA. Other thesis, Untag Surabaya.

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Abstract

In the concept of the Rule of Law, the government has 3 (three) types of authorities, namely authority, free authority, discretion, and facultative authority. In its development, the authority under the legislation is not sufficient to solve all problems and dynamics, so the government is given the authority to act freely through the discretion authority. In practice, governments often use discretion in written form called policy rules. The experts argue with the laws and regulations do not have the necessary strength can not be tested against it. In this study, the authors will analyze the rank and review of policy rules in Indonesia using legal approach, concept approach, and case approach by analyzing some of the decisions related to this research. The result of this research is Policy Rules in Indonesia is not a statute. Therefore, for the time being can not be tested against him because there is no institution that has authority for it.

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