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INTRODUCTION TO LEGAL SCIENCE

Subject Code: MKK 002

The Compiling Team: 1. Prof.Dr. I Gusti Ayu Ariani, SH.MS 2. Ayu Putu Nantri, SH.MH 3. Anak Agung Ngurah Gede Dirksen, SH.MH

Introduction

Introduction to Legal Science constitutes a basic expertise legal lecture, which

leads students to being familiar with legal science as a science of which the object is law.

As a basic lecture, Introduction to Legal Science is an obligatory lecture and a

prerequisite to all the students in the earlier (first) semester at the Faculty of Law. As a

phenomenon in human life, legal science studies law universally (not bound to space and

time). In other words, legal science studies every aspect of human life such as human

beings, society and law, the origin of law, law as norms, types of norms, the objective of

law, basic definitions of legal science, the sources of law, the legal findings, system and

classification of law, ideologies and schools of legal science, and science concerning

facts. From the basic science gained from Legal Science, the students will be able to get

access to: Civil Law, Criminal Law, Constitutional Law, Public Administration Law and

so forth.

Lecturing Instruction

A Teaching Team with parallel classes (there will be 60 students in every class) will

provide this lecture. The Teaching Team includes:

1. Prof. Dr. I Gusti Ayu Agung Ariani, SH. MS (Coordinator) Address: Pemecutan Palace, Thamrin Street Number 2 Depasar

Telephone number: (Home) 0361422949 Mobile: 08122911099

2. Ayu Putu Nantri, SH.MH. Address: Seruni Street Number 19, Deposer

Telephone Number (Home) 0361225384

3. I Wayan Tangu Susila, SH.MH. Address: Faculty of Law Udayana University, Bali Street Number 1 Denpasar

Telephone Number 0361222666

4. Anak Agung Ngurah Gede Dirksen, SH.MH Address: Faculty of Law Udayana University, Bali Street Sanglah Deposer

Telephone Number: 0361222666

References :

Achmad Ali, 2002, Revealing the Legal Partition (A Philosophical and Sociological Review), Jakarta : PT Toko Gunung Agung.

Apeldoorn, L.J. Van, 2001, Introduction to Legal Science, Jakarta: Pradnya Paramita

Arrasjid, Chairnur, 2000, Principles of Legal Science, Jakarta: Sinar Grafika

Daliyo, J.B 1994, Introduction to Legal Science, Jakarta: PT Gramedia

Dirdjosisworo, Soedjono, 1988, Introduction to Legal Science, Jakarta: Rajawali

Kansil, C.S.T., 1989, Introduction to Legal Science and Indonesian Legal Structure, Jakarta: Balai Pustaka

Machmudin, Dudu Duswara, 2000, Introduction to Legal Science, A Sketch, Bandung: P.T. Rafika Aditama

Marhaenis, Abdulhay, 1981, Principles of Introduction to Legal Science, Jakarta : Pradnya Maramita

Marzuki, Peter Mahmud, 2005, Legal Researches, Jakarta : Prenada Media

Mertokusumo, Sudikno, 2005, Knowing Law, An Introduction: Kedua , Yogyakarta: Liberty

Mochtar Kusumaatmadja dan Arief Sidharta, 2000, Introduction to Legal Science, Alumni Bandung.

Pardoen, Sutrisno R, 1994, . Introduction to Legal Science, Jakarta: P.T. Gramedia Bekerjasama dengan APTIK

Purnadi Purbocaraka, Soerjono Soekanto, 1978, Concerning Legal Norms, Bandung: Alumni

Satjipto Rahardjo, 1991, Introduction to Legal Science, Bandung : PT.Citra Aditya Bakti

________, 2004, Introduction to Legal Science : Searching, Liberation and Enlightenment , Surakarta : Muhamddiyah University Press

Soebagiao, 1998, Details of Introduction to Legal Science, Pen. Jakarta : Mandar Maju

Soeroso, R., 2002, Introduction to Legal Science, Jakarta : Sinar Grafika

Subekti, R, 1977, Bouquet of Introduction to Legal Science, Bandung : Alumni

Syahrani, Riduan, 1991, Summary of Introduction to Legal Science , Pustaka Kartini

.Trianto & Titik Triwulan Tutik, 2007, Bouquet of Scientific Essence of Legal Science, A Scientific Philosophy Review Jakarta : Prestasi Pustaka.

Lecturing

This lecture is provided in the First Semester for the new students and in the even and

uneven semesters for the students who repeat and revise their marks. It is provided at two

locations, that is, at Bukit Jimbaran Campus for the regular students and at the Faculty of

Law Campus on Bali Street Depasar for the non regular students. It is provided in twelve

meetings including one Quiz, Middle Test and Final Test.

The requirements that should be met by the students taking Introduction to Legal Science

are that they should:

§ Sign the attendance list

§ Attend the class at least 50%

§ Be neat, order and discipline (wellmannered)

§ Obliged to complete the assignments given on time, be fully responsible and

honest (without plagiarism).

§ If their presence is less than 50% and the assignments given are not completed,

sanction shall be imposed upon them. The sanction is that they are considered to

fail or without any mark.

§ The assignments provided to the students are in accordance with the subject under

discussion in every meeting with the following alternatives:

o They are supposed to read references in accordance with the subject under

discussion provided by a lecturer.

o They are supposed to summarize, to discuss in the classrooms, and to

analyze cases.

o They are supposed to answer the questions already prepared.

The examinations will be conducted: unscheduled in the form of quiz

scheduled in the forms of Middle Semester Test (MST) covering the materials

already discussed and of Final Semester Test (FST)covering all the materials already

discussed.

The final marks obtained by the students are calculated as follows:

Assignment mark + MST mark + FST mark + 2 X FST

2

3

The following will also be taken into consideration: mark obtained from quiz , and marks

obtained from soft skills such as activity in discussion, preparedness, and the ability to

give opinion and to present something.

Meeting One Human Beings, Society and Law

Human beings, in addition to being individuals, are also social beings. It is their nature

that they should always live together in a society. Aristoteles stated that human beings

were classified as “Zoon Politicion”, that is, as individuals and social beings, they

cannot be separated from norms informing them what they may do and what they

must not do. The legal norms referred to here are called social norms. One of such

norms is law. Law is needed by human beings in the society to make sure that their

interests are guaranteed. The reason is that every human being has his/her own

interests. Their interests are not the same, even they are different from each other.

Therefore, law is needed to arrange them. Law cannot be separated from the society.

(Ubi societies Ibi Ius)

Assignments : 1. The students are supposed to read and discuss references that Law cannot be separated

from the society. They are also supposed to discuss that Law is essential to the

society.

2. The students are supposed to look for the social norms applicable in the society.

They are also supposed to look for the differences of social norms from law.

References to read:

Apeldoorn, L.J. Van, Introduction to Legal Science Dudu Duswara, Introduction to Legal Science; a Sketch Soedikso, Knowing Law: an Introduction Soeroso, R. Introduction to Legal Science Purnadi Purbacaraka and Soerjono Soekanto, Concerning Legal Norms.

Meeting 2 Law as a Science Concerning with Norms

Law covers various types of aspects and interferes with all types of human life

and is abstract in nature resulting in that various definitions of law will be found out and

that there will be various types of society views on law. As norms, law can be further

divided as far as the following is concerned: its system, its content and nature, its

formulation, its role and essence.

Assignments: The students are supposed to:

1. Look for definitions of law, compare them and formulate its elements.

2. Look for various types of society views concerning law and explain that

understanding them is essential.

3. Exemplify how legal norms containing compulsory instructions and prohibitions

are formulated, and exemplify legal norms as well.

References:

1. Purnadi Purbacaraka and Soerjono Soekanto, Concerning Legal Norms

2. Soeroso, Introduction to Legal Science

Meeting 3 Theory of Legal Applicability and Environment in Which Law Is

Applicable

With reference to the theory of law, there are three applicabilities of legal

norms that are frequently considered the requirements that should be met by a legal

regulation. They are: Juridical Applicability, Sociological Applicability and Philosophical

Applicability. Apart from the theory of legal applicability mentioned above, there is also

theory of environment where law is applicable.

Assignments: The students are supposed to read references to:

1. Look for, discuss and understand the theories of juridical, sociological and

philosophical applicabilities of law, and why law should meet those requirements.

2. Understand the theories concerning the environment in which law is applicable.

References:

1. Bruggink. Translated by Arief Sidarta, Reflection Concerning Law

2. Purnadi Purbacaraka and Soerjono Soekanto, Concerning Legal Norms

3. Utrecht, Introduction to Indonesian Law

Meeting 4

Legal Objectives

Law, as a social phenomenon, arranges various relationships/interests among

various aspects of society life. This results in various views or theories concerning legal

objectives.

Several theories concerning legal objectives and some scholars’ views are

explained.


1. Find out some Regulations, discuss them and then formulate their objectitves.

2. Discuss and answer the following questions.

Questions:

1. What are the objectives of law in accordance with the scholars?

2. Mention some theories concerning the legal objectives and what are their

respective views concerning the legal objectives?

References:

1. Apeldoorn, Introduction to Legal Science


3. Machmuddin Dudu Duswara, Introduction to Legal Science


5. Purnadi Purbatjaraka and Soerjono Soekanto, Concerning Legal Norms

Meeting 5 Legal Sources

Law, as a social phenomenon, has a very wide scope. It is not only learned by

lawyers or students of the Faculty of Law, but also by philosophers, historians,

sociologists, economists, experts in religion, and so forth. Therefore, the legal sources

can be classified into material legal sources and formal legal sources.


Read references in order to be able to discuss and answer the following questions:

1. What is meant by a legal source?

2. What is meant by a material legal source and what is included in it in accordance

with the experts in law?

3. What is meant by a formal legal source and what is included in it?

4. Explain each formal legal source!

References:

Arrasjid, Chainur, Principles of Legal Science

Soeroso, 2002, Introduction to Legal Science

Syahrani Ridwan, Summary of Legal Science

Meeting 6 Legal Findings and Interpretations

Legal findings and interpretations are concerned with both material and formal

legal sources that bind the judges in performing their responsibilities as those who uphold

the law. The court, as an institution where everybody searches for justice must not reject

any case forwarded for the reason that the law is not or less clear. A judge is obliged to

try every case submitted to him/her equitably, objectively and wisely with reference to

the legal values applicable in the society. If there is a law which is not clear, or which is

not in accordance with the society development, the judge is obliged to reveal and

understand the legal values existing in the society, and to adjust the law with the facts

faced by him/her , or to make legal interpretations.


Read references, discuss, find out the answers to and conclude the following

questions:

1. What legal principles are referred to by the judge in finding out law or making

legal interpretation when settling the case forwarded to him/her?

2. Mention and explain legal interpreting methods employed and give examples!

References:

Arrasjid, Chainur, Principles of Introduction to Legal Science

Kansil, C.S.T., Introduction to Legal Science and Indonesian Law System

Soeroso, R. , Introduction to Legal Science

Meeting 7 Filling up of Legal Emptiness/ Legal Construction

The Legislative Body produces general Laws, while Judges who belong to the

Judicative Body apply the provisions in the Laws in accordance with the concrete

situation in the society. Positive regulations, that is, those who are decodified, are static in

nature. Such regulations are awkward and difficult to be altered and adjusted to the

society development which keeps changing. Such a fact has caused a view to appear that

law applies an open system (open system van het recht). Dynamic law keeps developing

following the society development. In such a case, the law is considered worn out, not in

accordance with the society development. In such a situation, a judge may and must fill

up the legal emptiness or carry out legal construction.


Read literature, have a discussion in order to be able to answer the questions

asked and to analyze the following cases:

1. Mention the ways in which the judge fills up the legal emptiness or carry out

types of legal construction.

2. Mention some examples related to what is mentioned above.

Cases:

A and B were husband and wife, who ran a small stall selling food and

beverages in front of their house. To support their business, they used some electric bulbs

and some equipment such as a refrigerator powered by electricity. A, as the husband,

stole the electricity needed from the electrical wires in front of their house. B, as the wife,

asked him not to do that. A, however, kept doing it. Finally, what had been done was

known by PLN for which he was admonished that he had stolen electricity. Getting

embarrassed, he wished to be free from such a case and to divorce his wife. After being

processed at the court, it was decided that he and his wife got divorced on April 22, 2005.

Then on June 1 st , 2005 B married another man who had frequently come to her stall. As a

revenge, A was also remarried on June 20, 2005.

You are supposed to analyze this case and to relate it to the legal construction!!

References:

Soeroso, R., Introduction to Legal Science

Kansil, C.S.T., Introduction to Legal Science and Indonesian Legal System

Meeting 8

Principles of Legal Science

If observed thoroughly, it is true that legal language has its own characteristics

which frequently annoy the Indonesian language experts. The particular characteristics

and definitions of legal terms are in accordance with the legal characteristics that are

unique. Law is related to the people’s interests and satisfaction; therefore, various basic

terms in the legal basic definitions should be neither ambiguous nor abstract. The

ambiguous definitions will lead to unfair legal decisions made by those who have the

authority to make decisions such as executive, legislative and judicative bodies. If the

basic definitions in legal science are made based on everybody’s perception, then

unfairness, uselessness and absence of legal assurance will be brought about. The basic

legal definitions are universal in nature. In other words, such definitions are not bound to

a particular positive law at all. Van Apeldoorn calls the basic definitions of legal science

art of law. According to Dr. Soebagiao, SH, the relationship between law and the basic

legal definitions constitutes a legal aspect and how it works includes legal subject, legal

object, obligation and right, legal result, legal relationship, legal principles, legal society

and legal event.

Assignments:

The students are supposed to read references, and then have a discussion to find

out solutions to a case before making a decision or to various questions such as:

1. Why does the legal subject have central meaning in discussing the basic

definitions of legal science?

2. Why, according to van Apeldoorn, the basic definitions of legal science are called

art of law?

3. Make a diagram describing the existence of legal aspects in how they work in

accordance with Dr. Soebagio, SH.

References:

1. Apeldoorn, Introduction to Legal Science.

2. Soebagio, Everything about Legal Science.

Meeting 9

Ideologies in Legal Science

The appearance of a theory is closely related to the inventor’s basic thought.

Therefore, it is clear that the background of a theory is a very deep thought functioning as

the strong basis for its appearance. The deep thought based background frequently

cannot be separated from the context when the theory appears. Although the inventor’s

thought can be stated as universal, the time when the theory appears is closely related to

the era when it is discovered. In other words, the theory cannot be separated from the

environment when it appears, where it appears and who makes it appear. There are some

theories which are still relevant from era to era. On the other hand, there are also some

theories which are already out of date, meaning that they are not relevant and applicable

any more. As an illustration, “liberty, egality and fraternity”, which were used as a slogan

during French revolution, gave birth to a theory concerning protrusion of individual

rights, individual freedom and freedom in making agreements. Such a slogan has given

birth to various theories up to now such as Civil Law in Europe and Anglo Saxon System

in the United States of America. They still apply freedom of contract principle as

freedom of contract for binding everybody to another in the form of agreements. It is

clear that legal ideologies have been produced by their environment such as: Legism,

Free Law, Positivism, Utilitarism, Pure Law, Legal Finding, and Begriffsjurisprudenz.

Assignments:

The students are supposed to read references, make a discussion and then give

solutions to the following questions:

1. What is the essence of every legal ideology above?

2. What are the outstanding differences of legism from legal finding?

3. What are the essential differences of free law from legal finding?

References:

1. Achmad Ali, Revealing Legal Partition


3. Syahrani, Riduan, Summary of Legal Science

Meeting 10

Thinking Idiology Concerning Relationship of Judge’s

Rights to Laws

The appearance of a thinking ideology concerning the relationship of a judge’s

rights to the existence of various rules and regulations both in particular and in general

results from the fact that, on one hand, some rules and regulations will be applied, and on

the other hand, the judge is facing and examining some concrete facts. To apply the

stipulations included in the rules and regulations that are generally applicable and are

abstract in nature for a case that is specific and concrete in nature, such stipulations

should be defined, explained or predicted, directed toward and adjusted to the case. Then

they are applied in such a case. In their application, there are two ideologies. The first is

that there is dogmatic view considering that law is in written form, that is, only existing

in the laws. In this case, the judge only relates the legal fact that he/she examines with the

existing rules and regulations. The second is that there is a nondogmatic view considering

that law is not included in legal norms but also in various norms applicable in the society.

Assignments:

The students are supposed to read, to make a discussion and to answer the

matters that are in the form of the following questions:

1. Why the stipulations in the laws cannot be automatically applied by the judge

when examining a legal fact at court?

2. What is the legal reference referred to by the judge when making decisions

beyond the laws?

References:

1. Achmad Ali, 2002, Revealing the Legal Partition, Jakarta: PT Toko Gunung

Agung Tbk.

2. Mertokusumo, Sudikno, 1993, Chapters concerning Legal Findings, Yogyakarta:

Liberty.

Meeting 11

Legal Classification

Considering that the legal scope is very wide, law can be classified/grouped

into various aspects: from the point of views of sources, content, applicability, form,

function, shape, time and area where it is applicable.

Assignments:

The students are supposed to create a diagram describing legal classification, the

essence of the legal definitions completed with examples!

References:

1. Arief Sidharta, Reflection of Standard of Legal Science

2. Machmudin, Dudu Doeswara, Introduction to Legal Science: a Sketch.

3. Soeroso, Introduction to Legal Science.

4. Utrecht, Introduction to Indonesian Law.

Meeting 12

Legal System and Legal Science as Science concerning Facts

Law is not a set of related norms that is independent. It is not just a collection of

legal regulations but constitutes regulations that are related to one another and in which

there are neither conflicts nor contradictions making it unified. There are some opinions

given by some scholars concerning the components of such a legal system, and there are

some applicable legal systems in the society.

In addition, law is not only viewed from norm viewpoint or normwissenschaft

but it is also viewed from branches of science considering law as science of facts

(tatsachemwissenschaft). This viewpoint considers that law pays attention to behavior or

attitude of action such as Legal Sociology, Legal Anthropology, Legal Psychology, Legal

Comparison and Legal History.

Assignments:

The students are supposed to:

1. Read references to find out various opinions given by scholars concerning the

components of legal systems.

2. Analyze the legal systems applicable in Indonesia.

3. Get the essence of and understand the sciences that consider law as fact!

References:

1. Arief Sidharta, Reflection of the Standard of Legal Science

2. Machmudin, Dudu Doeswara, Introduction to Legal Science : a Sketch

3. Purnadi Purbatjaraka and Soerjono Soekanto, Concerning Legal Norms.

4. Stjipto Rahardjo, Legal Science.

5. Syahrani, Riduan, Summary of Legal Science.


Those are some scopes of discussion and references that need to be prepared by the

students who will take Introduction to Legal Science.

In the last meeting, a brief resume will be given. What is observed during the

meetings and what is then prepared in joining the final examination will also be

explained.

BLOCK BOOK

DECISION MAKING TECHNIQUE

Subject Code: MK 307

The Compiling and Tutorial Team:

Dr. I Gusti Ngurah Wairocana, SH.MS.

I Nyoman Suyatna, SH.MH.

FACULTY OF LAW

UDAYANA UNIVERSITY

DENPASAR

2008

DECISION MAKING TECHNIQUE

I. SUBJECT IDENTITY : DECISION MAKING TECHNIQUE

Subject Code : MK 307

Semester Credit Unit : 2

Semester : V (five)

Subject Status : Obligatory

II. LECTURERS

Name : DR. I Gusti Ngurah Waiocana, SH.MH.

Address : Jl. Kertha Petasikan IX/11

Deposer 80224

Telephone : (0361) 720540/0817341386

Email : [email protected]

Name : I Nyoman Suyatna, SH.MH.

Address : Jl. Wahidin Gang VI/2 Deposer 80118

Telephone : (0361) 437594/0817550680

Email : [email protected]

mailto:[email protected]

mailto:nyoman%[email protected]

III. SUBJECT DESCRIPTION

Decision Making Technique is an obligatory subject in the specialty program of

the Governmental Law with two semester credit units. This subject discusses the

decisions made by the government viewed from the processes how they are made. By this

subject, it is hoped that the students will be skillful in making decisions for the

government. By the end of this subject, it is hoped that the students will be able to make

decisions for the government. It is clear that this subject will provide the students with

some skills when they are employed.

This subject will start with a lecturing contract followed by Introduction that

will give brief but whole description of how important Decision Making Technique is.

This serves as the Introductory Topic. The Second Topic discusses that decisions are

one of the forms of governmental acts. The sub topics are definition of governmental act,

division of governmental acts, and forms of governmental acts. By these subtopics, it is

hoped that the students will recognize that the governmental decisions are one of the

forms of governmental acts called Keputusan Tata Usaha Negara (Beschikking). The

Third Topic is concerned with the definition of governmental decisions, and the sub

topics are terminology used by the scholars to refer to the governmental decisions, and

the history of how the governmental decisions are made to be available. By the ends of

these sub topics, the students are expected to understand the diversity of the terms used to

refer to the governmental decisions so that they can understand the definition of the

governmental decisions doctrinally and normatively based on the applicable legal

regulations. Then the students are expected to be able to understand and differentiate the

governmental decisions from the judge’s decisions (vones) and the applicable rules and

regulations. The Fourth Topic is concerned with the requirements that should be met by

a decision to make it legal. The sub topics are the scholars’ opinions as to the

requirements that should be met by a governmental decision to make it legal; definition

of authorization; juridical defect; types of decisions; and the legal base of a governmental

decision. By the end of this topic, the students are expected to understand what

requirements should be met by an official responsible for the state administration so that

the decisions made are legal. The Fifth Topic is concerned with the legal consequences

resulting from any illegal decision. The sub topics are definition of legal consequences;

definition of being legal; and types of legal consequences possibly resulting from an

illegal decision. By the end of this topic, the students are expected to be able to

understand what a legal decision means, and to understand the types of legal

consequences brought about by an illegal decision. The Sixth Topic is concerned with

the Legal consequences resulting from an Illegal Decision. The sub topics are definition

of legal strength (rechfskracht); the influence of a decision that is legally strong on any

decisions previously available. By the end of this topic, the students are hoped to

understand and comprehend the legal strength of a legal decision and its influence on any

legal decisions previously available, and to understand the variety of the legal strength of

a legal decision. The Seventh Topic is concerned with the Types of Decisions with the

following subtopics: division of decisions in accordance with the scholars’ opinions;

definition of each type of decision already available. By the end of this topic, it is hoped

that the students will be able to understand the types of decisions and their characteristics.

The Eight Topic is concerned with the Withdrawal of a Governmental Decision. The sub

topics are the scholars’ opinions as to the withdrawal of a governmental decision;

exception for the withdrawal of decisions; the procedure of the withdrawal of decisions.

By this end of this topic, it is hoped that the students will be able to understand the

scholars’ opinions as to whether a decision can be withdrawn or not, the exceptions for

the withdrawal of decisions and its procedure. The Ninth Topic is concerned with the

Governmental Decisions as One of the Forms of Legal Products with the following sub

topics: types of legal products; theory of norm staging (stufenbouw theory); principles of

preferences. By the end of this topic, it is hoped that the students will understand the

types of legal regulations available; the theory of norm staging and the principles of

preferences that are used for settling concrete legal problems occurring in the field. The

Tenth Topic is concerned with How to Arrange Legal Products with the following sub

topics: the procedure of making arranging legal products ; the procedure of making

determining legal products ; numbering; authentication; reduplication; distribution, and

documentation of legal products. By the end of this topic, the students are expected to

understand the procedure of making arranging legal products and determining legal

products, and the further procedure of forming legal regulations. The Eleventh Topic is

concerned with the Organization of the Decisions with the following sub topics: head of

decision, opening of decision, the content; the preamble; the title of decision; and the end

of decision. Based on the topic, it is hoped that by the end of this topic, the students are

expected to be able to make a decision. The Twelfth Topic is concerned with the Form

of Arranging Official Texts with the following sub topics: the head of decision; the

opening of decision; the content, the preamble; the end of decision. Based on this topic, it

is hoped that by the end of this topic, the students are expected to be able to make an

arranging decision.

IV. MATERIAL ORGANIZATION

1. Introduction.

1.1. Essential Meaning of the Subject of Decision Making Technique

1.2. Position of the Subject of Decision Making Technique in Specialty Program

of Governmental Law.

2. Decision As One of the Forms of Governmental Acts.

2.1. Definition of Governmental Acts

2.2. Division of Governmental Acts

2.3. Forms of Governmental Acts

3. Definition of Governmental Decisions.

3.1. Definitions of Decisions Given by Scholars

3.2. History of How Governmental Decisions Were Made Available

4. Requirements to Be Met by a Decision to Be Legal.

4.1. Scholars’ Opinions as to Requirements to Be Met by a Decision to Be Legal

4.2. Concerning Authority

4.4. Types of Decisions

4.5. Legal Base of a Decision

5. Legal Consequence of an Illegal Decision.

5.1. Definition of Legal Consequences

5.2. Definition of Being Legal

5.3. Types of Legal Consequences Possibly Appearing as Impact of an Illegal Decision

6. Legal Consequences of a Legal Decision.

6.1. Definition of Legal Strength (Rechtskracht) of a Decision

6.2. Impact of a Decision with Legal Strength on Decision already available

previously.

7. Types of Decision.

7.1. Division of Decisions Provided by Scholars;

7.2. Meaning of Each Type of Decision Available.

8. Withdrawal of Governmental Decision.

8.1. Opinions Provided by Scholars as to Withdrawal of a Decision;

8.2. Exception for Withdrawal of a Decision; Procedure of Withdrawing a Decision

9. Concerning Governmental Decision as One of Forms of Legal Products.

9.1. Types of Legal Products;

9.2. Theory of Norm Staging (Stufenbouw Theory) ;

9.3. Principles of Preferences

10. Concerning Procedure of Organizing Legal Products.

10.1. Procedure of Organizing Arranging Legal Products ;

10.2. Procedure of Organizing Determining Legal Products ;

10.3. Numbering;

10.4. Authentication;

10.5. Reduplication;

10,6. Documentation of Legal Products.

11. Concerning Organization of Decisions.

11.1. Head of Decision;

11.2. Opening of Decision;

11.3. Content of Decision;

11.4. Preamble;

11.5. Title of Decision;

11.6. End of Decision.

12. Form of Arranging Official Texts

12.1. Head of Decision;

12.2. Opening of Decision;

12.3. Content of Decision;

12.4. Preamble;

12.5. Title of Decision;

12.6. End of Decision.

V. LECTURING METHOD AND STRATEGY

The learning method employed is ProblemBased Learning Method (PBLM).

Applying this method means that the learning and teaching process is dominated by

the students. They play an important role in settling the problems appearing in the

discussions. The lecturers or tutors only direct the discussions if there is a dead lock

or if what is discussed goes beyond what they are supposed to discuss so that the

discussion will get back to the matters related to the topic.

In the earliest meeting, the topics that will be presented are informed so that the

students have a clear picture about the topics in every session. after the subjects are

briefly presented, the students are then provided with the matters that need to be

answered in the discussion related to the topic being discussed.

Then every student is given an opportunity to determine matters, which,

according to him/her, are necessarily discussed. After they all give their opinions as

to the materials necessarily discussed, then agreement is made as to which matters

will be chosen as the topics in the following meeting.

After the subjects that will be discussed are briefly presented, then some matters

necessarily answered related to the topic under discussion are given. Next, every

student is given opportunity to determine the matters, which, according to him/her,

are necessarily discussed. After they all give their opinions as to the materials

necessarily discussed, then an agreement is made concerning which matters are

chosen as the topic to be discussed in the following meeting.

In this way, the process of teaching and learning is dominated by discussion

activities both inter the students and between the students and the lecturer and tutor.

Evaluation is done during the learning and teaching process. The domains to be

evaluated are the domain of hard skill and that of soft skill. The domain of hard skill

is taken from the examination results and the assignments they have to do, while the

domain of soft skill is taken from how they ask questions, answer questions and argue

during the learning and teaching process.

VI. ASSIGNMENTS

During the learning and teaching process, the students are supposed to do both

daily and final assignments. Such assignments can be both individual and group ones.

Some of them are discussed in the following meeting and some are presented in front

of the class room using computer with power point program so that the students’ hard

skill and soft skill can be evaluated. The presentation in front of the class is especially

done after discussing the technical material related to decision making.

VII. EVALUATION

Evaluation in the form of examinations is done twice during the lecturing

process. The first examination is termed as Mid Semester Test (MST) and Final

Semester Test (FST). The domain of hard skill is made up of 3 (three) components.

They are Mid Semester Test (MST); Final Semester Test (FST) and Assignments.

The calculation is as follows:

(MST + Assignment + SS) + 2 (FST)

Final Result

3

The evaluation of soft skill includes attitude and behavior shown when attending the

lecturing process. This can be exemplified by punctuality in attending the lecture;

assignment submission, ability in giving opinion and in arguing, ability in agreeing

with fellowstudents’ opinions, and ability in operating computer.

IX. REFERENCES

A . Bibliography:

Ann Seidman, dkk, Compilation of Bill in a Changing and Democratic Society: A Guidance for Bill Makers, the Second Edition, ELIPS II and USAID, Jakarta, 2002.

Amrah Muslimin, Several Principles and Basic Definition of Administration and Administrative Law , Alumni Bandung, 1985.

Hestu Cipto Handoyo, H, Principles of Legal Drafting & Design of Academic Texts, Atma Jaya University, Yogyakarta, 2008.

Indroharto, Attempts to Understand Laws Concerning State Administrative Judicature, Pustaka Sinar Harapan Jakarta, 1991

Irawan Soejito, Supervision of Regional Regulations and District Head’s Decisions, the First Edition, Bina Aksara, Jakarta, 1983.

Irawan Soejito, Law Making Technique, the Fourth Edition, Pradnya Paramita, Jakarta, 1988.

Irfan Fachruddin, Supervision of Administrative Judicature of Governmental Act, Alumni, Bandung, 2004

Jimly Asshiddiqie, Concerning Laws, Konstitusi Press, Jakarta, 2006.

Kuntjoro Purbopranoto, Some Notes on Constitutional Law and State Administrative Judicature, Alumni, Bandung 1978

Maria Farida Indrati S, Legislating Science; Type, Function and Material, Kanisius, Jakarta 2007

Maria Farida Indrati S, Legislating Science, Process and Technique of Making It, Kanisius, Jakarta 2007

Philipus M Hadjon, Basic Definitions of Governmental Acts, Djumali, Surabaya, 1985.

Introduction to Indonesian Administrative Law , Introduction to the Indonesian Administrative Law, Gajahmada University Press, Jogjakarta, 1993

Concerning the Government’s Authority (bestuursbevoeg heid), tanpa penerbit, tanpa tahun.

Rahimullah, Constitutional Law, Legislating Science, the First Edition, PT. Gramedia, Jakarta, 2006.

Ridwan HR, State Administrative Law, PT Rajagrafindo Perkasa, 2006.

Rosjidi Ranggawidjaja, H, Introduction to Indonesian Legislation, Mandar Maju, Bandung, 1998.

Sadjijono, Understanding Several Basic Chapters of Administrative Law, First Edition, LaksBang Pressindo, Yogyakarta, 2008

Sirajuddin, dkk, Legislative Drafting – Institutionalization of Participative Method in Making Rules and Regulations, the Third Edition, Malang Corruption Watch (MCW) dan Yappika Jakarta, 2008.

Soehino, H, Constitutional Law Regulation Making Technique, First Edition, BPFE Yogyakarta, 2006.

Solly Lubis, M, Foundation and Regulation Making Technique, Mandar Maju, Bandung, 1995.

Suwoto Mulyosudarmo, Transfer of Power Juridicaturel and Theoretical Studies of Nawaksarba Speech , Gramedia, Jakarta 1997

Tolchah Mansoer, Moh, Source of Law and Sequence of Legal Order in Accordance with the 1945 Constitution of the Republic of Indonesia, the First Edition, Bina Cipta, Jakarta, 1979.

Utrecht, E, Introduction to State Administrative Law , Padjadjaran University Bandung, 1960

Van Duyvendijk,K Burdening Determination Collection of Translation Works in State Administrative Judicature , Supreme Court of the Republic of Indonesia Jakarta 1994

Wairocana, I.Gst.Ngr, Juridical Problems Security Klausule (Veiligheidsclausule, “Thesis”, Airlangga University, Surabaya, 2

Rules and Regulations:

Act of No.10 Year 2004 concerning Formation of Rules and Regulations

Presidential Regulation of No. 68 Year 2005 concerning How to Prepare Planning of Laws, Planning of Governmental Regulations Substituting for Laws, Planning of Governmental Regulations, and Planning of Presidential Regulations.

Department of Home Affairs Ministerial Regulation of Number 15 Year 2006 concerning Types and Forms of Regional Legal Products .

Department of Home Affairs Ministerial Regulations of No. 16 Year 2006 concerning Procedure of Compiling Regional Legal Products.

X. MEETING SCHEDULE

Regular Program Day : Tuesday Time : 08.00 – 9.40 Room : LIB4

Extension Program Day : Thursday Time : 20.40 – 22.20 Room : R.2 B.7

Lecturing Date

Meeting Date Topics I

Sept.16, 2008

Lecturing contract, brief description about all the materials, the essential meaning of the subject of Decision Making Technique, position of the subject of Decision Making Technique in the specialty program of Governmental Law.

II Sept.23, 2008

Definition of governmental acts, division of governmental acts, and forms of governmental acts.

III Oct. 7, 2008 Definitions of decision given by the scholars, and the history of

how governmental decision was made to appear.

IV Oct. 14, 2008

The scholars’ opinions as to the requirements that should be met by a decision to be legal, concerning authority, juridical defect, types of decisions, legal base of a decision.

V Oct. 21,2008

Definition of legal results, definition of being legal, types of legal consequences possibly appearing as the impact of an illegal decision.

VI Oct. 27 – Nov. 8, 2008

Period of time when Mid Semester Test is conducted.

VII Nov. 11, 2008

Definition of legal strength (rechtskracht) of a decision.

VIII Nov. 18, 2008

Division of decisions in accordance with the scholars’ opinions, the meaning of each type of decision available.

IX Nov. 25, 2008

The scholars’ opinions as to the withdrawal of a decision; exception for the withdrawal of a decision; the procedure of withdrawing a decision.

X Dec.2, 2008 Governmental Decision as one of the forms of legal products,

with the sub topics: types of legal products; theories related to norm staging (stufenbouw theory) and principles of preferences.

XI Dec.9, 2008 Procedure of Organizing Legal Products with sub topics:

Procedure of Organizing Arranging Legal Products ; Procedure of Organizing Determining Legal Products ; Numbering; Authentication; Reduplication; Distribution; and Documentation of Legal Products (Arranging and Determining)

XII Dec.16,2008 Organization of Decisions, with sub topics: Head of Decision ;

Opening of Decision ; Content of Decision; Preamble; Title of Decision; End of Decision

XIII Dec. 23,2008

Form of Arranging Official Texts , with sub topics: Head of Decision; Opening of Decision; Content of Decision; Preamble; Title of Decision; End of Decision.

XIV Jan.5 – Jan. 12,2008

Period of time when Final Semester Test is conducted.

XI. MEETINGS

THE FIRST MEETING

Lecturing Contract, Brief Description of All the Materials, Essential Meaning of the Subject of Decision

Making Technique, the Position of the Subject of Decision Making Technique in the Specialty Program of

Governmental Law

1. Brief Description

The governmental decision termed as Beschikking or State Administrative Decision

plays an important role in running the government. Such a position is essential

because any decision can be the object of a claim in state administrative judicature.

Therefore, in forming such a decision a number of particular requirements should be

met to make it legal. In addition to the requirements which should be met, there are

some other things which should be paid attention to. They are the procedure how to

form it and how to organize it.

2. References

Phillipus M Hadjon, Introduction to Indonesian Administrative Law, Gajah Mada

University Press, Jogjakarta, 1993.

Concerning the Government’s Authority (besttuurbevoegheid), without

year and publisher.

E. Utrecht, Introduction to Indonesian State Administrative Law, Padjadjaran

University Bandung, 1960

3. Assignments

3.1.Seeing that the position of a governmental decision is essential, what legal

concepts are necessarily understood related to such a position so that the essential

meaning of the governmental decisions can be wholly understood.

3.2.After acquiring the concepts related to the essential meaning of a decision, how

are they interrelated?

THE SECOND MEETING

A Decision Functions as One Form of Governmental Acts


A decision functions as one form of governmental acts. The governmental acts refer to

any acts done by an official or state administrative body in the framework of his/her

responsibility representing the government based on the authority given to him/her. The

governmental acts can be divided into two big groups. They are the Governmental Acts

that are based on law (rechtshandeling) and those that are based on facts

(feitlijkhandelingen). Rechtshandeling is done based on private law and public law. Any

acts done based on public law then can be divided into the unilateral acts (eenzijdig) and

multilateral acts (meerzijdig). In addition, there are some forms of governmental acts

which are arranging.

2. References

Phillipus M Hadjon, Basic Definitions of Governmental Acts, Djumali, Surabaya

1985.


University Bandung, 1960.

Irfan Fachrudin, Supervison of Administrative Judicature of Governmental Acts

Alumni, Bandung, 2004.

Ridwan HR, State Administrative Law, PT Rajagraafindo Perkasa, 2006.

4. Assignments

3.1. Exemplify each form of governmental acts in governmental practice.

3.2. The scholars disagree with the governmental acts based on twosided public law.

Explain what their opinions are. Do you think that the governmental acts based

on two sided public law are relevant with the development of law nowadays?

THE THIRD MEETING

Definition of Governmental Decisions


The terms and definitions of governmental decisions, in accordance with the scholars,

vary. WF Prins, Phillipus M Hadjon, SF Marbun call them Decisions. E. Utrecht,

Bagir Manan, Sjachran Basah and Indroharto call them Provisions, and Prajudi

Atmosudirjo calls them Determinations. The governmental decisions were firstly

introduced by a German scholar named Otto Meyer termed as verwaltungsakt. Then

this term was introduced in Holland and was called beschikking by van Vollenhoven

and CW van der Pot known as “de vader van het moderne beschikkingbegrip” (the

modern fathers of the concept beschikkiing). In Indonesia the term beschikking was

firstly introduced by WF Prins. Simply, a decision refers to a concrete public legal

decision. Such a decision comes from a governmental organ based on public legal

authority that is made for one individual or more or is concerned with one

case/condition or more. Such a decision gives authority to them. Historically,

government decisions came from Acte Administratie in France, which was then

introduced by van Vollenhoven in the Netherlands and is called Beschikking.

2. References

Phillipus M Hadjon, Introduction to Indonesian Administrative Law, Gajahmada



Kuntjoro Purbopranoto, Several Notes on Governmental Law and Judicature of State

Administration, Alumni, Bandung 1978.



3. Assignments

3.1. The scholars’ opinions as to governmental decisions vary. Clarify the definitions

given by them.

3.2. Based on the historical appearance of governmental decisions, differentiate Acte

administratie from the judge’s decisions and law.

THE FOURTH MEETING

Requirements to Be Met by A decision to Be Legal


A decision is stated to be legal if fulfilling several requirements. The scholars give

different requirements to be met by a decision in order to be legal. Van der Pot, for

example, gives four requirements to be met by a decision in order to be legal. They

are:

1. Bevoegdheid (authority) of a state administrative organ making such a decision;

2. Geen juridischegebreken in de wilsvorming (juridically lacks nothing when

forming a wish);

3. Vorm and procedure, that is, such a decision is organized in the way already

determined and is made based on the procedure already determined;

4. The content and objective of such a decision are in accordance with the basic

regulations.

From what has been described above, one of the requirements to be met is authrority.

Such an authority can be obtained with attribution, delegation and mandate, each has its

own legal characteristics. Juridically, lacking nothing is the second requirement to be

met by a decision. E Utecht, in his Introduction to Indonesian State Administrative Law,

differentiates juridical defects into three forms such as dwaling, dwang and bedrog.

Every decision should be given a form and each form has its own characteristics. Another

thing which is important is that a decision made should be based on rules and regulations

that are generally higher.

2. References

Phillips M Hadjan, Introduction to Indonesian Administrative Law, Gajahmada


Suwoto Mulyosudarmo, Power Shift Theoretical and Juridical Studies of Nawaksara

Speech, Gramedia, Jakarta 1997.

Van Duyvendijk, K, Burdening Determination Collection of Translation Works on

State Administration Judicature, Supreme Court of the Republic of Indonesia,

Jakarta, 1994.

Wairocana, I Gst.Ngr., Juridical Problems of Security Clausule (Veiligheidsclausule).




3. Assignments

3.1. If the official making such a decision is the one who has the authority, does it

mean that he/she may make whatever decisions without limit?

3.3. Explain the differences between attribution, delegation and mandhate!

3.4. A Regent, due to being busy, delegates his/her authority to Head of Dinas Tata

Kota to issue a Building Permit. In such a case what legal problems appear?

3.5. The government of town regency is faced with a problem, for which, according to

him/her, a regulation is necessarily and quickly made. However, because the

regulations on which it is based on is not available yet, he/she issues regential

regulation while waiting for the regional regulations which will be made. Is what

done by the Mayor right?

THE FIFTH MEETING

Legal Consequences Resulting from an Illegal

Decision


In the fourth meeting, the requirements that should be met by a decision to be legal

was already discussed. If such requirements are not met, such a decision is stated to be

illegal. The legal consequence of an illegal decision is that it is not applicable. However,

in Administrative Law, legal consequences following from illegality of a decision are

graded in accordance with the degree of what it lacks. Phillipus M Hadjan in his work

entitled Basic Definitions of Governmental Acts (Bestuurshandeling) differentiates three

types of legal consequences resulting from illegal decisions:

Nietigheid van rechwege (cancelled due to law); nietig (cancelled); vernietifbaar (can be

cancelled). A decision classified as Nietigheid van rechwege means, by law, what is done

is considered not available without any decision canceling such an action. A decision

classified as nietig means, by law, what is done is considered to result in no consequences

as a consequence that such an action is considered never available. A decision classified

as vernietifbaar means that, by law, what is done and what it results in are considered

available until the time when cancellation is made by the judge. Van der Wel mentions

six types of consequences resulting from an illegal decision. They are: (a). Such a

decision is cancelled due to law; (b). what it lacks is responsible for or brings about its

partial or wholly cancellation; (c). What it lacks causes a higher and competent

governmental organ to approve or to postpone to give approval; (d). What it lacks is

responsible for its conversion into another decision; (f). The civil judge considers such a

decision is not binding.

2. References

Phillipus M Hadjan, Basic Definitions of Governmental Acts, Djumali, Surabaya

1985.




3. Assignments

3.1. A decision which is made based on law turns out to contrast with the rules and

regulations on which it is based. Due to law, what can happen to such a decision?

3.2. A Regent, due to his wish to attract investors to his/her region in the framework

of developing tourism, makes a regulation which alters the regulation on which it

it is based in order to be able to implement what is intended. Based on the

regulation made, the regent issues a decision letter in the form of permit to the

investor to develop a tourist resort. Such a decision is made based on what is

recommended by the regional legislative body and what is urged by the society.

To what extent such a decision is stated to be legal?

3.3. There are some varieties of legal consequences resulting from an illegal decision.

Exemplify a decision which describes the three types of legal consequences of an

illegal decision

THE SIXTH MEETING

Mid Semester Test (MST)

THE SEVENTH MEETING

Legal Consequences Resulting from Illegal

Decisions


A governmental decision that has fulfilled all the requirements has made itself legal. A

legal decision will have a legal strength (rechtskracht) in it. Legal strength was firstly

discussed by van Der Pot and was then continued by the other scholars such as Donner,

Stelinga Vegting , Kranenburg and WF Prins. Such a legal strength can be stated to mean

“being able to influence legal association. The legal strength of a decision can usually be

seen from the last decision of a high authority or regulations. The strength is basically

divided into: Material legal strength and formal legal strength.

2. References

Phillipus M Hadjan, Basic Definitions of Governmental Acts, Djumali, Surabaya,

1985



Amrah Muslimin, Several Principles and Basic Definitions of Administration and

Administrative Law, Alumni Bandung, 1985.

3. Assignments

3.1. The legal strength of a decision can basically be divided into formal legal strength

and material legal strength, when a decision is stated to have formal legal

strength and to have material legal strength?

3.2.Does a decision which is made based on the requirements to be met automatically

have both formal and material legal strength?

3.3.How many varieties are there as to the legal strength of a decision?

THE EIGHTH MEETING

Divisions of Decisions


As far as types of decisions are concerned, the scholars give different divisions.

Phillipus M Hadjon, for example, differentiates decisions into: Decisions related to

provisions of prohibitions and/or instructions (gebod); decisions preparing an amount

of money; decisions burdening a monetary obligatory; decisions giving a position;

and decisions of seizure.

2. References

Phillipus M Hadjan, Basic Definitions of Governmental Acts, Djumali, Surabaya,

1985.



Amrah Muslimin, Several Principles and Basic Principles of Administration and

Administrative Law, Bandung, 1985.

3. Assignments

3.1. The scholars differentiate the types of decisions differently. Clarify the types of

decisions given at least by 5 scholars whose fields are Administrative Law!

3.2. From such clarifications, according to you, which one is the most appropriate?

Give your arguments!

THE NINTH MEETING

Withdrawal of a Governmental Decision


A decision already determined can principally be withdrawn, if it turns out to contain

an error or as a legal sanction for breaking a permit. Several scholars have different

opinions whether a decision can be withdrawn or not; however, principally, a decision

can be withdrawn.

2. References



Phillipus M Hadjon, Introduction to Indonesian Administrative Law, Gajahmada


Indroharto, An Attempt to Understand Laws Concerning State Administrative

Judicature, Pustaka Sinar Harapan Jakarta, 1991.

3. Assignments

3.1. Principally, a permit can be withdrawn. That means that there are some things

which are not common causing that a decision cannot be withdrawn. Explain in

what cases a decision cannot be withdrawn!

3.2. A decision to withdraw another decision is a governmental one. This will take

place if the decision withdrawing another one turns out to result in loss. Do you

think that this can be claimed?

3.3. In a case that a negative decision is imposed upon an individual and then he/she

feels that such a decision is too heavy for him/her and the decision turns out to be

wrong, do you think that such a decision can be withdrawn?

THE TENTH MEETING

A Governmental Decision as One of the

Forms of Legal Products:

Types of legal products; Theories related to

norm staging (Stufenbouw theory) and

principles of preferences


A legal product refers to every written regulation made by an official

governmental institution. Such a regulation can be in the form of Act, Governmental

Regulation, Regional Regulation, Instruction, and so forth. Based on its nature, a legal

product can be differentiated based on rules and regulations (regeling) and

decision/stipulation (beschikking).

All types of legal products are hierarchically arranged in a legal system. The

hierarchy puts one legal product above or under another one. The consequence of such

a hierarchy is that the legal product which is in the lower level cannot contrast with

those in the upper level. In other words, based on the principles of preferences, the legal

product which is in the upper level controls those below it, and that the legal product

which is in the upper level functions as the reference for those below it.

2. References

H. Rosjidi Ranggawidjaja, Introduction to Indonesian Legislating Science, Mandar

Maju, Bandung, 1998.

Sirajuddin, et al., Legislative Drafting – Institutionalization of Participative Method

in Forming Rules and Regulations, the Third Edition, Malang Corruption

Watch (MCW) and Yappika Jakarta, 2008.

Sadjijono, Understanding Several Basic Chapters of Administrative Law, the First

Edition, LaksBang Pressindo, Yogyakarta, 2008.

Maria Farida Indrati S, Legislating Science – Types, Functions and Materials,

Kanisius, Yoryakarta, 2007.

Solly Lubis, M. Foundation and Legislating Technique, Mandar Maju, Bandung,

1995.

Tolchah Mansoer, Moh, Sources of Law and Chronological Order of Legal Order in

accordance with the 1945 Constitution of the Republic of Indonesia, the

First Edition, Bina Cipta, Jakarta, 1979.

Act of Number 10 Year 2004 concerning Formation of Rules and Regulations.

Home Affairs Ministerial Regulations of Number 15 concerning Types and Forms

Regional Legal Products.

3. Assignments

3.1.In a lawbased democratic country, the country is given authority to organize the

society and , on the other hand, the society is given opportunity to take part and at

the same time is guaranteed to be given legal protection. There are various types

of legal products that can be issued by the government (both the central

government and regional government). Discuss and conclude such types of legal

products!

3.2.The government, when organizing the society, cannot do what it likes, but what is

done should refer to a particular basis. Should what is done by the government

refer to a legal basis, law or regulations? Discuss it!

THE ELEVENTH MEETING

Procedure of Organizing Legal Products with

Sub Topics: Procedure of Organizing

Arranging Legal Products ; Procedure of

Organizing Determining Legal Products;

Numbering; Authentication; Reduplication;

Distribution, and Documentation of Legal

Products


How a legal product is formed constitutes a systematic and procedural process.

What is meant is that a legal product is not instantly made, but it is planned and clearly

staged. In the level of central government, a legal product is planned and made through

national legislating program (Prolegnas) and in the level of regional government, it is

planned and made through regional legislating program (Prolega).

Theoretically, the objective of a clearly planned legal product is that it can be

effectively applied. It is also intended that it can give clarification to the parties upon

whom it is imposed so that they can recognize and predict for sure what their rights and

obligations are, what they can do and what they must not do. Technically, it is very

essential that a legal product should be made with planning, clearness and transparency to

make it good. On other hand, a legal product that is made instantly and in a hurry without

clearness and transparency is avoided in a good legal product making technique.

Due to difference in nature and forms, the procedure of making arranging legal

product is different from the procedure of making determining legal product. Each has its

scheme and procedure. Although they are different in procedure, basically, how those

legal products are organized should pay attention to numbering, authentication,

reduplication, distribution, and documentation.

2. References

Maria Farida Indrarti S, Legislating Science – Process and Technique of Making It,

Kanisius, Yogyakarta, 2007.

Ann Seidman, et.al., Bill Compilation in a Changing and Democratic Society: a

Guidance for Making Bill, the Second Edition, ELIPS II and USAID, Jakarta,

2002.

Soehino, H, Governmental Law Technique of Making Regulations, the First Edition,

BPFE Yogyakarta, 2006.


Home Affairs Ministerial Regulations of Number 16 Year 2006 concerning Procedure

of Making Regional Legal Products

3. Assignments

3.1. If, after you have obtained Sarjana Hukum degree, you are accepted as a

government civil servant in one of the Regencies in Bali Province and you are

supposed to make draft of a legal product, what will you first do?

3.2. Discuss about the legal consequence resulting from a legal product that is made

without planning!

3.3.How does the procedure of making an arranging legal product differ from the

procedure of making a determining legal product?

THE TWELFTH MEETING

Organization of Decision, with Sub Topics:

Head of Decision; Opening of Decision;

Content of Decision; Preamble; Title of

Decision; Ending of Decision


A legal product is systematically made in accordance with its form. Being

systematically made, everybody will know the form of such a legal product, who makes

it, what is regulated, why it is made, its title, its content, and when it is made and when

it is enacted.

The elements systematically organized should be paid attention to when

making a legal product. Every part contains requirements that are very technical in

nature. Some examples are how to make head of decision, how to organize the material,

and how to enact it.

2. References

Irawan Soejito, Law Making Technique, the Fourth Edition, Pradnya Paramita,

Jakarta, 1988.

Rosjidi Ranggawidjaja, H, Introduction to Indonesian Legislating Science, Mandar

Maju, Bandung, 1998.

Solly Lubis, M, Foundation and Legislating Technique, Mandar Maju,

Bandung, 1995.

Soehino, H, Governmental Law Legislating Technique, the First Edition, BPFE

Yogyakarta, 2006.

Act of Number 10 Year 2004 concerning Rules and Regulation Formation.

Home Affairs Ministerial Regulation of Number 15 Year 2006 concerning Types and

Forms of Regional Legal Products

3. Assignments 3.1. If you are now a drafter of rule and regulations and are supposed to plan a

Governor’s decision, then before you start you will make a structural scheme of

such a decision. Make the basic structure of such a Governor’s decision!

3.2. Discuss the way in which the background of a decision is made1

3.3. Describe an example of norm stipulation in a decision1

THE THIRTHEENTH MEETING

Form of Arranging Official Text with Sub

Topics: Head of Decision; Content of

Decision; Preamble; Title of Decision; End of

Decision


Systematic elements of an arranging legal product are different from those

of a determining legal product. This can be exemplified by the phrase functioning as head

of decision in an arranging legal product is different from that in a determining legal

product, the ways in which they numbered, the ways in which the contents are organized

and the ways in which they are enacted.

The difference in material between an arranging legal product and a

determining legal product results from the difference in their characteristics. Thus, when

planning and making, make sure that the form of an arranging legal product is different

from the form of a determining legal product.

2. References

Hestu Cipto Handoyo, H, Principles of Legal Drafting & Design of Academic Text,

Atma Jaya University, Yogyakarta, 2008.

Rahimullah, Governmental Law Legislating Science, the First Edition, P.T. Gramedia,

Jakarta, 2006.

Sadjijono, Understanding Some Basic Principles of Administrative Law, the First

Edition, LaksBang Pressindo, Yogyakarta, 2008.


Home Affairs Ministerial Regulation of Number 15 Year 2006 concerning Types and

Forms of Regional Legal Products.

3. Assignments

3.1. Compare the way in which an arranging legal product is made differs from the

way in which a determining legal product is made.

3.2. Create an enacting norm material of an arranging legal product.

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