Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)

The Review of Regulations Through Ministry of Law and Human Rights

Authors
Tundjung Herning Sitabuana, Ahmad Redi, Shella Felicia
Corresponding Author
Tundjung Herning Sitabuana
Available Online 17 September 2020.
DOI
10.2991/assehr.k.200917.015How to use a DOI?
Keywords
Review of Regulations, Mediation, Ministry of Law and Human Rights
Abstract

Indonesia has identified itself as the state of law (rechtsstaat). The principle of the rule of law undoubtedly underlies the life of the state and nation by embodying hierarchical legal norms culminating in constitution. However, the inconsistency between the laws and regulations is inevitable in constitutional practice thus the Supreme Court and Constitutional Court are ruled to examine legal products from the legislative and executive institutions under the mandate of the Act of 1945. Nevertheless, in the progress, Ministry of Law and Human Rights issued a policy that norm disputes under the Laws can be reviewed judicially through mediation by the Ministry. Therefore, this study aims to analyze the legality and fulfillment of the value of justice in the practice of norm dispute resolution through mediation. This study uses normative research method and is based on the theory of hierarchical relation of legal norms and the theory of concept of law. The result of the study is in spite of the effectiveness, mediation as an alternative resolution of norm disputes contradicts with the higher legislations that the regulation needs to be readjusted.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 September 2020
ISBN
978-94-6239-054-6
ISSN
2352-5398
DOI
10.2991/assehr.k.200917.015How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Tundjung Herning Sitabuana
AU  - Ahmad Redi
AU  - Shella Felicia
PY  - 2020
DA  - 2020/09/17
TI  - The Review of Regulations Through Ministry of Law and Human Rights
BT  - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
PB  - Atlantis Press
SP  - 59
EP  - 63
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200917.015
DO  - 10.2991/assehr.k.200917.015
ID  - Sitabuana2020
ER  -