TINJAUAN YURIDIS PEMBENTUKAN UNDANG-UNDANGNOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA DIKAITKAN DENGAN PASAL 5 UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

Abstract

The formation of a new legal product must certainly understand the sciences in
making statutory regulations. As one of them is to understand the principles in the formation
of laws and regulations. The formation of a statutory regulation certainly has reasons and
clear objectives in a country, one of which is Law Number 3 of 2022 concerning the State
Capital. However, the process of forming a law was very fast and seemed rushed because
ideally it was in accordance with the standard operational procedures for preparing
Academic Papers and Draft Laws which were prepared within a period of 3 months. There
is no transparency and openness, as well as the lack of participation from the public in the
process of forming the law.

The objectives to be achieved in this research are the first, namely to find out
that the Formation of Law Number 3 of 2022 concerning IKN is linked to the principle of
transparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendment
to Law Number 12 of 2011 concerning the Formation of Legislation. . Second, so that the
ideal concept for the formation of Law Number 3 of 2022 concerning IKN is known, which in
the Perspective of Law Number 13 of 2022 Amendments to Law Number 12 of 2011
concerning the Formation of Legislation..

From the results of the research, can be concluded. First regarding the
Formation of Law Number 3 of 2022 concerning IKN, it is associated with the principle of
transparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendment
to Law Number 12 of 2011 concerning the Formation of Legislation. The Second Ideal
Concept of Establishing Law Number 3 of 2022 Concerning IKN in the Perspective of Law
Number 13 of 2022 Amendment to Law Number 12 of 2011 Concerning the Formation of
Legislation.

The authors, in the formation of the IKN Law, is in accordance with the
hierarchical provisions for the formation of laws and regulations. The new law must comply
with and be guided by the existing law and in the future the ideal concept of making a
regulation or legislation must be given the opportunities for the public to participate
comprehensively and holistically. The ideal concept that is right for the future, when there is
a bill, the DPR and the Government will immediately provide the draft to the public. As well
as the DPR and the Government making an application to accommodate people’s aspirations
in providing input to the bill Draft Law before the Draft Law is passed.
Keywords: Establishment – Laws – IKN – Regulations - Principles of Openness