Juridical Review Of The People's Representative Council In Making Public Policies Through The Perspective Of Law Number 17 Of 2014

Rinduwan Rinduwan, Lamijan Lamijan
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Abstract

Legislation is one of the legal products of the number of existing legal products. The legislation contains general and abstract legal norms. It is general because existing legal norms apply to every legal subject in general. While being called abstract lies like legal norms which are not concrete in regulating legal events and are the object of regulation. Thus, a good law which incidentally is a type of legislation must have a philosophical basis, a sociological basis, and a juridical basis. Based on the principle of a rule of law, namely that government is organized based on laws, then in running a government it must refer to statutory regulations which become guidelines for the administration of a country based on the will of the people. The constitution is the guideline in the state and then elaborated in laws and regulations. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). The source of data used is secondary data. Data analysis was carried out in a qualitative descriptive manner. The conclusion is carried out using the deductive method, namely from general to specific, especially those related to the research topic, namely the Juridical Review of the House of Representatives in Making Public Policy in the Perspective of Law No. 17 of 2014. The result found community is concerned that in implementing or enforcing the law, justice is considered. In upholding the law, there must be a compromise between legal certainty, benefit, and justice, the three elements must receive proportional and balanced attention. Thus, legislation is a political product from which legislators turn into legal products when their preparation meets the elements of legal certainty, benefit, and justice in a proportional and balanced manner. There is a paradigm that the law governing representative institutions is part of a package of laws in the political field that needs to be changed. Laws governing representative institutions need to be seen as laws in the institutional context of the constitutional system. As previously stated, one of the problems that arise as a result of this law being considered as part of a package of regulations in the political field is institutional arrangements.
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从2014年第17号法看人民代表会议制定公共政策的司法审查
立法是众多现存法律产品中的法律产品之一。立法包含一般法律规范和抽象法律规范。它是普遍性的,因为现有的法律规范一般适用于每一个法律主体。而所谓抽象则是指法律规范,它在规范法律事件时并不具体,是规范的对象。因此,一部好的法律——顺便说一句,它也是一种立法——必须有哲学基础、社会学基础和法学基础。基于法治的原则,即政府是根据法律组织的,那么在管理政府时就必须参考法律法规,这些法规成为以人民意志为基础的国家管理的指导方针。宪法是国家的准则,然后以法律法规的形式加以阐述。这种类型的研究是规范研究。所使用的方法是法定方法(规约方法)和概念方法(概念方法)。使用的数据来源是辅助数据。数据分析以定性描述的方式进行。结论采用演绎的方法进行,即由一般到具体,特别是与研究课题有关的结论,即2014年第17号法律视角下的公共政策制定中的众议院司法审查。结果发现,社会关注在实施或执行法律时,是否考虑到正义。在维护法律的过程中,必须在法律确定性、利益和正义之间取得妥协,这三个要素必须得到相称和平衡的重视。因此,立法是一种政治产品,当立法者的准备以比例和平衡的方式满足法律确定性、利益和正义的要素时,立法者就变成了法律产品。有一种范式认为,关于代表机构的法律是需要改变的政治领域一揽子法律的一部分。管理代议制机构的法律需要被视为宪制制度背景下的法律。如前所述,由于将这项法律视为政治领域一整套条例的一部分而产生的问题之一是体制安排。
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