PEMBATASAN PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG DALAM PENYELENGGARAAN PEMERINTAHAN

Abstract

The existence of a Government Regulations in Lieu of Laws in the Indonesian constitutional system has a strategic role as an emergency solution when there is a legal deadlock, legal vacuum, or emergency state that requires quick handling by law. On the other hand, the existence of a Government Regulations in Lieu of Laws is vulnerable to misuse by the government for power purposes, thus requiring restrictions on the enactment of a Government Regulations in Lieu of Laws. This article aims to examine the forms of restrictions on the stipulation of a Government Regulations in Lieu of Laws in the practice of governance in Indonesia. The focus of the problems studied are first, the problematics of a Government Regulations in Lieu of Laws in the practice of governance; and second, the form of restrictions on determining the Government Regulations in Lieu of Laws. The method used is descriptive analysis method with three approaches, statutory approach, case approach, and conceptual approach. The results of the research concluded that the existence of a a Government Regulations in Lieu of Laws presents its own problems in the administration of government. The Government Regulations in Lieu of Laws are often used as means to streamline government policies, and the enactment of a Government Regulations in Lieu of Laws often has nothing to do with compelling exigency. On the other hand, there are weaknesses and limitations in the DPR’s oversight of a Government Regulations in Lieu of Laws which makes the DPR’s position passive and only as a legitimator for the government in forming policies. There are three forms of restrictions on the stipulation of a Government Regulations in Lieu of Laws, namely restrictions on the material content of a Government Regulations in Lieu of Laws, restrictions on the constitutional requirements for stipulation of a Government Regulations in Lieu of Laws, and restrictions through expanding the DPR’s power in stipulating a Government Regulations in Lieu of Laws. These three forms of restrictions are based on the regulatory framework so that the existence of a Government Regulations in Lieu of Laws is effective and is not misused in running the government.