Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review

This study examines the constitutional supremacy in shaping statutory regulations, positioning it both as a guiding framework and a binding compliance standard for the public particularly state authorities and their institutions. It argues that the Law on the Formation of Laws and Regulations serves as a definitive and legitimate benchmark in constitutional review. Nonetheless, practical realities reveal instances where the principle of utility can override arguments concerning formal defects in legislation and Government Regulations in Lieu of Law (Perppu). Employing a normative legal research method that integrates statutory and conceptual approaches, this paper provides a descriptive analysis of the issue. The findings indicate that constitutional review functions as an embodiment of constitutional supremacy through the judicial examination of laws, with the Law on the Formation of Laws and Regulations serving as a key parameter in determining constitutionality a parameter whose application continues to evolve.

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Publication Details

Journal
Ipso Jure
Published
2025-08-13
DOI
https://doi.org/10.62872/f9hbej92
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review

M. Bisri Djalil, Dewi Ratih Kumalasari
Ipso Jure
Judicial and Constitutional Studies
article

Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review

M. Bisri Djalil, Dewi Ratih Kumalasari
article en

Abstract

This study examines the constitutional supremacy in shaping statutory regulations, positioning it both as a guiding framework and a binding compliance standard for the public particularly state authorities and their institutions. It argues that the Law on the Formation of Laws and Regulations serves as a definitive and legitimate benchmark in constitutional review. Nonetheless, practical realities reveal instances where the principle of utility can override arguments concerning formal defects in legislation and Government Regulations in Lieu of Law (Perppu). Employing a normative legal research method that integrates statutory and conceptual approaches, this paper provides a descriptive analysis of the issue. The findings indicate that constitutional review functions as an embodiment of constitutional supremacy through the judicial examination of laws, with the Law on the Formation of Laws and Regulations serving as a key parameter in determining constitutionality a parameter whose application continues to evolve.

Ipso JureVol. 2(7)
Openalex Percentile: Top 63%
Judicial and Constitutional Studies
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Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review — M. Bisri Djalil, Dewi Ratih Kumalasari · Ipso Jure (2025) | TGRS Research Map | TGRS