Implementation of the Principle of Justice in the Formation and Substance of Government Regulation

Prosperity can be achieved through the realization of order and organization within society. The principle of justice serves as one of the indicators that determine the attainment of the desired order and organization. In the concrete legal context, the process of forming legislation is required to...

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Main Author: Demson Tiopan
Format: Article
Language:English
Published: Faculty of Law Universitas Kristen Maranatha 2023-11-01
Series:Dialogia Iuridica
Subjects:
Online Access:https://journal.maranatha.edu/index.php/dialogia/article/view/7449
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author Demson Tiopan
author_facet Demson Tiopan
author_sort Demson Tiopan
collection DOAJ
description Prosperity can be achieved through the realization of order and organization within society. The principle of justice serves as one of the indicators that determine the attainment of the desired order and organization. In the concrete legal context, the process of forming legislation is required to reflect the presence of the justice principle inherent within it. A legal product is considered to fulfill the justice principle if it falls under the category of responsive law. Responsive law takes into account both functional and procedural aspects of its formation. This research uses a normative juridical research method with a statutory approach. The statutory approach is an approach used by basing it on the provisions of the applicable laws and regulations. This research aims to examine the implementation of the principle of justice in the substance and formation Government Regulation in Lieu of Law on Job Creation (Perppu Cipta Kerja). Perppu Cipta Kerja is perceived to not reflect the justice principle as it lacks the elements characteristic of responsive law. Consequently, the Perppu Cipta Kerja is categorized as a legal product that does not embody the value of justice, falling into the classification of conservative legal products. Therefore, it is imperative for the government to conduct a reevaluation of the formation process and functional aspects, particularly regarding the substantive content, to ensure it aligns with the justice principles mandated by the law. This alignment would facilitate the realization of order and organization within society, ultimately contributing to the welfare of the populace.
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spelling doaj.art-29452ca0abad4c7f9d88cb30b2e5f3ff2023-11-30T10:14:39ZengFaculty of Law Universitas Kristen MaranathaDialogia Iuridica2085-99452579-35272023-11-0115107609310.28932/di.v15i1.74497047Implementation of the Principle of Justice in the Formation and Substance of Government RegulationDemson Tiopan0Universitas Kristen MaranathaProsperity can be achieved through the realization of order and organization within society. The principle of justice serves as one of the indicators that determine the attainment of the desired order and organization. In the concrete legal context, the process of forming legislation is required to reflect the presence of the justice principle inherent within it. A legal product is considered to fulfill the justice principle if it falls under the category of responsive law. Responsive law takes into account both functional and procedural aspects of its formation. This research uses a normative juridical research method with a statutory approach. The statutory approach is an approach used by basing it on the provisions of the applicable laws and regulations. This research aims to examine the implementation of the principle of justice in the substance and formation Government Regulation in Lieu of Law on Job Creation (Perppu Cipta Kerja). Perppu Cipta Kerja is perceived to not reflect the justice principle as it lacks the elements characteristic of responsive law. Consequently, the Perppu Cipta Kerja is categorized as a legal product that does not embody the value of justice, falling into the classification of conservative legal products. Therefore, it is imperative for the government to conduct a reevaluation of the formation process and functional aspects, particularly regarding the substantive content, to ensure it aligns with the justice principles mandated by the law. This alignment would facilitate the realization of order and organization within society, ultimately contributing to the welfare of the populace.https://journal.maranatha.edu/index.php/dialogia/article/view/7449justiceresponsiveconservativeperppu cipta kerja
spellingShingle Demson Tiopan
Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
Dialogia Iuridica
justice
responsive
conservative
perppu cipta kerja
title Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
title_full Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
title_fullStr Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
title_full_unstemmed Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
title_short Implementation of the Principle of Justice in the Formation and Substance of Government Regulation
title_sort implementation of the principle of justice in the formation and substance of government regulation
topic justice
responsive
conservative
perppu cipta kerja
url https://journal.maranatha.edu/index.php/dialogia/article/view/7449
work_keys_str_mv AT demsontiopan implementationoftheprincipleofjusticeintheformationandsubstanceofgovernmentregulation