| Summary: | This study was conducted to: fisrt, find and explain whether the content
materials in the SKB (letter of collective resolution) in legislation system.
Second, find and explain the judicial power that had the right to test the SKB
(Case Study Letter Of Collective Resolution The Minister Of Religious Affairs,
The Attorney General And Minister Of Home Affairs Of The Republic Of
Indonesia No. 3 Of 2008, No. KEP-033/A/JA/6/2008 And No. 199 In 2008).
This study was performed by using the literary research to find the secondary
data of the primary, secondary, or tertiary corporate bodies related to the SKB
Ahmadiyah. In addition, it was also conducted the documental and juridical notes
researches in order to get more information about the corporate bodies, mainly
related to the letter of collective resolution. Then, the acquired data of corporate
bodies were analyzed quantitatively and discussed to get the relevance or the
dependability with the topic of the study, either it was idea, suggestion, or
argumentation of discussed rule of law. Furthermore, the appropriated rule of law
would be developed, whereas the inappropriate ones would be left. Finally, it
would be systematized the results of data classification to get some analysis used
as the basic reviews to make some conclusions and suggestions.
Based on the research results obtained, first, the content materials of SKB
Ahmadiyah in legislation system the principle is regulation (regelling) set up can
be seen from the contents of SKB Ahmadiyah items FIRST, THIRD, FOURTH
and FIFTH intended for the public, have criminal sanctions and the establishment
by legislation. This is reinforced by the presence of the letter of collective
resolution recognized by article 2 Law Number 9 Year of 2004, number 2 of
article 1 Law Number 5 Year of 1986 explanation and clause 1 and 2 of article 8
of Law Number 12 Year of 2011, article 97 and article 100. And also there is a
letter of collective resolution that have been tested to the Supreme Court Decision
No. 18 P/HUM/2003. Besides that, SKB Ahmadiyah also used as the legal basis
that the enactment of the Regional Governor of Banten Regulation Number 5 year
of 2011 and Regulation Governor of West Java Number 12 year of 2011, Second,
based on clause 1 of article 24A of 1945 Constitution of the republic of Indonesia
and clause 1 and 2 of article 8 and clause 2 of article 9 of Law Number 12 Year of
2011 validity materials of SKB Ahmadiyah have quality as regulation be valid for
the public (regelling) rather than meaningful decision of the individual
(beschikking), then the application examination judicial review is the Supreme
Court.
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