Eradicating All Rules Through Article 42 of Law 21 of 2023 on The National Capital: A Study of Legal Norms and Morality

Legal norms in a regulation are the face of the government in implementing a policy, norms become an important point in the purpose of the law itself, namely justice. Norm ambiguity at least has several aspects, namely: open norms, vague norms, norms that conflict with other norms. All of these aspects are a unity in ‘norm conflict’. Article 42 of Law Number 21 of 2023 on the National Capital City (IKN) explains that, if there are regulations that conflict with the IKN Law, other regulations are considered invalid. Thus, many legal academics have criticised the article as a sweeping article. Thus, this research uses a normative research method that examines the norms and politics of law in Article 42 of the IKN Law using a conceptual approach and a statutory approach. Thus, this research shows that in terms of ratio legis, it is not possible for a law to declare another law invalid, which has an equal status as stipulated in Article 7 of Law Number 12/2011 on the Formation of Legislation

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Publication Details

Journal
Simbur Cahaya
Published
2025-10-02
DOI
https://doi.org/10.28946/sc.v32i1.3924
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Eradicating All Rules Through Article 42 of Law 21 of 2023 on The National Capital: A Study of Legal Norms and Morality

Hendro Prabowo, Muklis Al'anama
Simbur Cahaya
Indonesian Legal and Regulatory Studies
article

Eradicating All Rules Through Article 42 of Law 21 of 2023 on The National Capital: A Study of Legal Norms and Morality

Hendro Prabowo, Muklis Al'anama
article en

Abstract

Legal norms in a regulation are the face of the government in implementing a policy, norms become an important point in the purpose of the law itself, namely justice. Norm ambiguity at least has several aspects, namely: open norms, vague norms, norms that conflict with other norms. All of these aspects are a unity in ‘norm conflict’. Article 42 of Law Number 21 of 2023 on the National Capital City (IKN) explains that, if there are regulations that conflict with the IKN Law, other regulations are considered invalid. Thus, many legal academics have criticised the article as a sweeping article. Thus, this research uses a normative research method that examines the norms and politics of law in Article 42 of the IKN Law using a conceptual approach and a statutory approach. Thus, this research shows that in terms of ratio legis, it is not possible for a law to declare another law invalid, which has an equal status as stipulated in Article 7 of Law Number 12/2011 on the Formation of Legislation

Simbur Cahaya
Openalex Percentile: Top 68%
Indonesian Legal and Regulatory Studies
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Eradicating All Rules Through Article 42 of Law 21 of 2023 on The National Capital: A Study of Legal Norms and Morality — Hendro Prabowo, Muklis Al'anama · Simbur Cahaya (2025) | TGRS Research Map | TGRS