KEDUDUKAN HUKUM KETETAPAN MPRS/MPR SEBELUM DAN SESUDAH PERUBAHAN UUD 1945

Amendments to the 1945 Constitution have implications for changes in the
power or institutional authority of the MPR which have consequences on the legal
position of the MPRS/MPR provisions that were born, both before and after the
amendment to the 1945 Constitution. For this reason, the method used is a normative
juridical research method. The results of the study show that in the state
administration practice as long as the 1945 Constitution is in effect before the
amendments are made, the broad scope of the content that is regulated is not only
limited to matters specified in the 1945 Constitution. If classified, there are MPR
Decrees that meet the elements as legislation, MPR Decrees a kind of State
administrative stipulation (beschikking), an MPR Decree in the form of planning
(GBHN), and an MPR Decree a kind of policy regulation (beliedregels) in the field of
state administration. After the amendment of the 1945 Constitution was made, the
legal position of the MPR Decrees became scarce. On the one hand, the amendments
to the articles of the 1945 Constitution and the provision of Article 1 of the
Supplementary Rules of the 1945 Constitution resulted in the loss of the MPR's
authority to form MPR Decrees (types of legislation). regulate (regeling), because it
no longer has a constitutional basis in the 1945 Constitution. But on the other hand
with the enactment of Law Number 12 of 2011 concerning the Formation of
Legislations, the legal position of the MPR Decree has come back to life as a form of
legislation with the limitations as referred to in paragraph (1). in the explanation of
Article 7 paragraph 1 letter b, namely the still valid MPRS/MPR Decrees as stipulated
in MPR Decree Number 1/MPR/2003