Karya Ilmiah

DISERTASI (364) - Asas Praesumptio Iustae Causa dalam Keberlakuan Peraturan Perundang-Undangan

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The principle of praesumptio iustae causa is often misconceived in a narrow and rigid sense as the guarantee of the validity of the government acts as long as it has not been cancelled by the competent authority regardless of the content of the acts. In fact, the purpose of the legal certainty of praesumptio iustae causa is to ensure justice in the society. In this context, it is necessary to study the principle of praesumptio iustae causa in the applicability of laws and regulations. This dissertation focuses on three issues, namely: 1) the nature and scope of the Praesumptio Iustae Causa principle; 2) the limitations of the Praesumptio Iustae Causa Principle; and 3) the implementation of the Praesumptio Iustae Causa Principle to the Applicability of Prevailing Laws and Regulations. This study is framed by a legal research method employing statute, conceptual, case and comparative approaches. This study concludes that, first, the principle of praesumptio iustae causa must be interpreted in the rule of law framework of justice. Hiwevy, it may be applied to the government act, namely to the regulations (regeling) and the goverment decisions (beschikking). Furthermore, the principle of praesumptio iustae causa may also be applied to the Law (legislation/statute). Second, there are internal and external limits, which function as limitations or as the signal in the applicability of the praesumptio iustae causa principle so as not to distract the justice. Third, the applicability of the praesumptio iustae causa principle is part of rechtsvinding (legal finding) activities that may occur both in the law making, the executive areas, as well as in the decisions of the judiciary. However, it should not be applied absolutely to avoid the possibility that it will even deny the purpose of its existence, namely to guarantee the validity of laws and regulations in which the laws and regulations are purposed to guarantee the protection of human rights and the rights of citizens, which are the essence of justice.

Keywords: praesumptio iustae causa principle, validity, laws and regulations, justice.

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Ketersediaan

031817017316

364 Muh a

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

Surabaya : Fakultas Hukum Unair., 2022

Deskripsi Fisik

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Bahasa

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PERATURAN PERUNDANG-UNDANGAN
KEABSAHAN
ASAS PRAESUMPTIO IUSTAE CAUSA
KEADILAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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