KEDUDUKAN DAN KEKUATAN HUKUM KEPUTUSAN BERSAMA MENTERI DALAM PERSPEKTIF PERATURAN PERUNDANG- UNDANGAN DI INDONESIA

Abstract

Joint Ministerial Decree is a decision made by more than one minister on a
matter which each minister concerned has an interest in regulating. Decree with
the minister is not regulated in Indonesian laws and regulations. The
implementation of the position and legal force of the Joint Ministerial Decree is
still a matter of debate in terms of several aspects, such as the definition, content of
the Joint Ministerial Decree. One example of a controversial SKB is SKB No.
2/KB/2021 Concerning the Use of Uniforms and Attributes for Students, Educators,
and Education Personnel in Schools Organized by Local Governments at
Elementary and Secondary Education Levels and Number KEP-033/A/JA/6/2008
Concerning Warnings and Orders to Adherent Members, and/or Members of the
Management of the Indonesian Ahmadiyya Congregation (JAI) and members of the
public.
The purposes of this study are: First, to find out how the position and legal
power of joint ministerial decisions in the perspective of legislation in Indonesia,
Second, to find out the ideal concept of the position and legal power of joint
ministerial decisions in the perspective of laws and regulations in Indonesia.
The author conducted this research using a normative research method or
literature study which discusses the vertical and horizontal synchronization of law
relating to the Joint Ministerial Decree in the perspective of legislation in
Indonesia. In addition to issuing regulations, the minister also has the authority to
issue policies in the form of decisions. Second, the ideal concept of this Ministerial
decree is a change to law No. 12 of 2011 and the president issues a regulation
(presidential regulation) that confirms the position, substance, and procedure of a
joint ministerial decree.
Keywords: Joint Decree, Minister, Legislation.