Penerapan Teori Hans Kelsen Sebagai Bentuk Upaya Tertib Hukum Di Indonesia

Abstract

Of course, Indonesia is a sovereign country with various laws and regulations. This rule is intended so that Indonesian people can comply with the law. Society as a whole is obliged to obey the rules set by an institution, which constitutes legal order. The aim of this research is to find out how Indonesian law is organized and sequenced in a hierarchy of norms using Hans Kelsen's Stufentheorie. This research uses a doctrinal research methodology with secondary data collected from a literature review. Positive legal precedents and literary works are our main sources of information as we discuss this issue in this essay. Apart from secondary legal materials sourced from books and legal journals relevant to the topic, this research also uses primary legal documents originating from statutory regulations. The results of this research show that in fact, Kelsen's theory which emerged from comparative studies of various positive legal systems is a fundamental idea that can characterize legal society as a whole. Legal norms, their components, their interrelationships, the legal system as a whole, its structure, interactions between various legal systems, and ultimately legal unity in the positive legal system are the main issues (core issues) in general theory. If Indonesian government regulations are in accordance with Stufentheory Kelsen, then the 1945 Constitution reflects grundnorms (basic norms) related to legal ideals, legislation in Indonesia represents the highest standards that lead to the formation of laws. Indonesian country. Because, the goal is to realize Indonesia as a nation that upholds the understanding of constitutionalism as reflected in the values ​​of Pancasila, and becomes a benchmark for the validity of the content of statutory regulations if a judicial review is carried out through the judiciary.