Sources Of Law Analysis

A. CONSTITUTIONAL LAW SOURCES

1. The definition sources of law

The “source of law” it's different from the words “the legal basis”, “legal basis.”, or “paying the law”. The legality or the legal basis is the legal basis or legal ground, which is the norm of law which form the basis of an act or conduct of certain laws so that it can be considered legitimate or justified by law. In the meantime, the words of the “source of law” more shows at a place in the nature of a value or norm in certain come from.

In article 1 Provisions the People's Consultative Assembly No. III/MPR/2000 is determined that :

1. Sources of law is the source that can be materials to drafting of laws and regulations ;

2. Sources of law consists of the written law and

CONSTITUTIONAL LAW SOURCES of INDONESIA

1. The Material and Formal.

This view of Indonesia, as laid down in the formulation of points the Pancasila as a philosophy of state based on the Constitution of 1945. In view of life of the nation and a philosophy the state, Pancasila, is a source of law in the sense of the material that not only inspire, but even had to be carried out and is reflected by and in every rule of law in Indonesia. Thus, each one of the rule of law as opposed to Pancasila should not apply.

In the form of formal, the values of Pancasila is listed and in the formulation of the Constitution of the Republic of Indonesia of 1945 as written law the highest in the Republic of Indonesia. However, in addition, the formal law is not just limited to what it says. the State of the Republic of Indonesia of 1945 was one of the written from the standard basic or legal base that is the highest. In addition to the basic laws written in script of the 1945 Constitution, there is also fundamental laws or constitutional nature is not written. Our source of formal law of Justice of Indonesia's State can be seen first in the Constitution of 1945.

2. The Basic and Norma are so

Hood Phillips, Paul Jackson, and Patricia Leopold in “The constitutional law of a state is the law relating to the constitution of that state”, then it is imperative to understand the laws, the country, and the constitution at the same time. Constitutional Court is not the rules are made of government, but it is a regulation made by the people to manage government, and the administration itself without the constitution with power without authority.

3. The legislation

The legislation is unwritten by law that contains norms binding legal to the public, both set by the institutions of the laws that have the authority of the delegation of legislation to establish the rules, according to regulations.

According to Law No. 10 of 2004 on the formation of the Regulation and, forms and in terms of legislation in question is :

(i) Statue

It always contain everything relating to the state to carry out the mandate of the constitution in the areas of particular areas that require mutual agreement between the President and the House of Representatives. In article 20 paragraph (4) was decisive, “President passed a bill that has been agreed upon to become law”. As a legal products to new laws tied to the public as agemeneene verbindende voorschiften (binding rule to the public), that's when it was