KEWENANGAN PENGADILAN MENGUJI NORMA PERATURAN KEBIJAKAN (BELEIDSREGEL) DI INDONESIA

Abstract

The aims of this thesis are: first, to know the normative meaning based on review of the policy rules (toetsingrechts) by Court according to the Indonesian legal system. Second, to provide theoretical clarity about the reviewing conducted by the court to the policy rules. Third, to provide alternative concept for reviewing of the policy rules in Indonesia. The problems addressed in this study were (1) Whether the Supreme Court has an authority to make judicial review to the policy rules? (2) how does the reviewing of the policy rules by the Court in perspective of administrative law? and (3) How is the ideal concept of reviewing of policy rules in Indonesia? This research is a legal research which applied a statutory approach, case approach, conceptual approach, and comparative approach. The materials were used in this research consisting of the primer materials that is laws and regulations related to the jurisprudence, secondary materials that is books, dissertations, theses, journals, papers related with the object of this research and the last is tertiary materials which is materials that act as the entrance door to explore the sources of actual law, either formal or material for instance dictionaries of legal terms, popular dictionaries, foreign language dictionaries, etc. All collected materials were selected and identified in accordance with the relevant issues. Afterward in order to find the legal norm, a review of issues in law were conducted based on materials that have been collected. The review in here is a search on the provisions of law, jurisprudence, doctrine, as well as relevant legal principles. In the end a conclusions of the arguments defined from the research were formulated. Keyword: Authority, Judicial Review, Policy Rule.