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SOURCES OF CONSTITUTIONAL LAW. Legal basis Legal ground Sources of law.

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Presentation on theme: "SOURCES OF CONSTITUTIONAL LAW. Legal basis Legal ground Sources of law."— Presentation transcript:


2 Legal basis Legal ground Sources of law

3 Sources of Law in General Source to identify the law (where we find the law) Source as values influence the norm of the law.

4 Hans Kelsen A method of creating law The reason for the validity of law Non juridical that influence the substance of the norm.

5 Joeniarto The origin of the constitutional law – Law or regulation made by a competence ruler – Authority – Legal Authority Place of the constitutional law – Type of regulations The Factors that influence constitutional law

6 Formal Sources of Law – Recognized by the form Material Sources of law – Determine the substance of the law

7 Formal Sources of the law (Jimly Asshiddiqie) Product of legislation or regulation Contract, treaty Court decision (Vonnis) Executive decision (Beschikking)

8 Article 7 Act No. 12 /2011 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945; Ketetapan Majelis Permusyawaratan Rakyat; Undang-Undang/Peraturan Pemerintah Pengganti Undang-Undang; Peraturan Pemerintah; Peraturan Presiden; Peraturan Daerah Provinsi; Peraturan Daerah Kabupaten/Kota.

9 Sources of Constitutional Law Jimly Asshiddiqie) The Values of the constitution (Pancasila as the last source of the law) UUD 1945 Written law and regulation Jurisprudence Constitutional Convention Constitutional Doctrine (ius cominis opinion doctorum) Ratified International Law and International Customary Law.

10 Jurisprudence Ordinary Court Supreme Court Constitutional Court

11 Constitutional Convention Understanding Maxims, principles. Constitutional usages, habits, or customs.

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