Constitutionality of the People's Consultative Assembly Decree in Article 7 Paragraph (1) Item b Law No. 12 Year 2011 on the Establishment of the Regulation Legislation

Abstract

The hierarchy paired of Regulation Legislation based on the People's Consultative Assembly Decree No. III/MPR/2000, Law No. 10/2004 and Law No. 12/2011 which incidentally is the sort order paired of legislation at the same time that the Reform Period, showed an all's not the same with the indication “appears - missing - appears” the existence of the People's Consultative Assembly decree which raised the problem: “How the constitutionality of the existence of the MPR Decree in Article 7 Paragraph (1) Item b Law No. 12/2011 on the Establishment of the Regulation Legislation?”Methods to address issues to do with normative juridical research through library with approaches and techniques juridical and historical analysis. The results showed that the presence of the MPR Decree in the types and hierarchy of legislation as Article 7 Paragraph (1) Item b Law No. 12/2011 not in accordance with the constitutional values of the organizing country experiencing a paradigm shift from the supremacy of the Assembly be constitutional supremacy by subjecting all state institutions are equal as the provisions of Article 1 Paragraph (2) the Republic of Indonesia 1945 Constitution.

Keywords: Constitutionality, the MPR Decree, the Hierarchy of Laws and Regulations