Comparison of the Functions of Presidential Decrees Before and After the Law on the Formation of Legislation

This paper aims to compare the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. As the head of government and head of state, the President possesses legal instruments in the form of determinations and regulations, one of which is the Presidential Decree. Presidential Decrees are not only understood as beschikking norms but can also be interpreted as legislation, policy regulations (beleidsregel), administrative decisions, and decisions of a general nature. This study employs a doctrinal legal research method to examine the legal norms in Indonesia and the comparison of the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. The research findings indicate that prior to the enactment of the Law, Presidential Decrees functioned as legislation and legal instruments to create, modify, or revoke legal relationships. However, following the enactment of the Law on the Formation of Legislation, the function of Presidential Decrees has been narrowed. Presidential Decrees now only serve to determine specific matters related to the creation, modification, or revocation of legal relationships concerning specific subjects and circumstances.

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Publication Details

Journal
JURNAL PENDIDIKAN IPS
Published
2025-06-29
DOI
https://doi.org/10.37630/jpi.v15i2.3100
Primary Topic
Legal and Policy Issues
Type
article
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article

Comparison of the Functions of Presidential Decrees Before and After the Law on the Formation of Legislation

Ndaru Hidayatulloh, Sony Maulana Sikumbang
JURNAL PENDIDIKAN IPS
Legal and Policy Issues
article

Comparison of the Functions of Presidential Decrees Before and After the Law on the Formation of Legislation

Ndaru Hidayatulloh, Sony Maulana Sikumbang
article en

Abstract

This paper aims to compare the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. As the head of government and head of state, the President possesses legal instruments in the form of determinations and regulations, one of which is the Presidential Decree. Presidential Decrees are not only understood as beschikking norms but can also be interpreted as legislation, policy regulations (beleidsregel), administrative decisions, and decisions of a general nature. This study employs a doctrinal legal research method to examine the legal norms in Indonesia and the comparison of the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. The research findings indicate that prior to the enactment of the Law, Presidential Decrees functioned as legislation and legal instruments to create, modify, or revoke legal relationships. However, following the enactment of the Law on the Formation of Legislation, the function of Presidential Decrees has been narrowed. Presidential Decrees now only serve to determine specific matters related to the creation, modification, or revocation of legal relationships concerning specific subjects and circumstances.

JURNAL PENDIDIKAN IPSVol. 15(2)
University of Indonesia (ID)
Openalex Percentile: Top 74%
Legal and Policy Issues
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Comparison of the Functions of Presidential Decrees Before and After the Law on the Formation of Legislation — Ndaru Hidayatulloh, Sony Maulana Sikumbang · JURNAL PENDIDIKAN IPS (2025) | TGRS Research Map | TGRS