Material Examination on StatutoryCharacterized Policy Regulations
DOI:
https://doi.org/10.61841/xv9bbz57Keywords:
Statutory Regulations, Policy Regulations, Regulatory ExaminationAbstract
he concept of policy regulation has similarities with statutory regulations, consequently, there is no clarity about the substance of policy regulations. This study aims to analyze the position of policy regulations that are characterized by laws and regulations and determine the form of the examination of statutorycharacterized policy regulations (beleidsregels). The type of this research is normative juridical. Data collection through library research (Library research). The result shows that the position of policy regulations (beledsregels) which are characterized by laws and regulations are classified as material policy regulations based on the aspect of charge markers / substance based on discretion without delegation authority; and are regulating, and using nomenclature of statutory regulations. The form of testing of regulations characterized by laws and regulations through judicial review can be carried out in accordance with substantial material requests, whereas through legislative review cannot be done based on the concept of policy regulation as an instrument of executive discretion and does not include legislative products. The method of testing policy regulations that are characterized by legislation through executive review is testing by the executive through cancellation by government officials / superiors’ officials issuing policy regulations, namely the minister of home affairs, governor, regent / mayor. Issuance of Decree (SK) in the form of clarification results on the improvement / amendment to the procedures / substance and revocation of material policy regulations, thus, they are not legally binding.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
