KEDUDUKAN SURAT KEPUTUSAN BERSAMA LEMBAGA PEMERINTAHAN DALAM SISTEM HUKUM INDONESIA (Studi: Surat Keputusan Bersama Tentang Pedoman Implementasi Undang-Undang Informasi dan Transaksi Elektronik)

Abstract

The government made Law Number 11 of 2008 and then revised it with Law Number 19
of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and
Electronic Transactions as a response to developments in the field of technology and
information. This aims to fill the legal vacuum for the development of criminal acts in
cyberspace or social media. Meanwhile, the implementation of the Information and Electronic
Transaction Law has caused unrest in society due to the existence of several rubber articles in
the Law. So that as the government's response to this problem, the government formed a Joint
Decree on Guidelines for the Implementation of the Electronic Information and Transaction
Law. So with this SKB it is hoped that there will be no more multi-interpretations. However,
this SKB has sparked debate in the Indonesian legal system regarding the legality of making
the SKB as well as regarding its implementation. Because how is it possible for a legal product
in the form of an Act to be locked up by an SKB as if this SKB has super power that can
overpower the Act.
This type of research can be classified into the type of normative legal research related
to the position and nature of the norms of joint decrees that are linked in the hierarchy of laws
and regulations. Then use data sources from primary, secondary and tertiary legal materials
by conducting literature studies in collecting data and using qualitative analysis methods in
processing data and drawing conclusions.
From the results of the research problem there are two main things that can be
concluded. First, the Joint Decree does not have a position in the hierarchy of Article 7 Law
Number 12 of 2011 Concerning the Formation of Legislation. Then, when viewed from Article
8 Paragraph (1) regarding the Joint Decree on Government Institutions Concerning
Guidelines for the Implementation of the Information and Electronic Transactions Law, after
the author conducted a study, it turns out that there is not a single law ordering the Joint
Decree to be made to the Chief of Police, Kajagung, and the Minister of Communication and
Informatics as well as in terms of their authority. Second, it is necessary to review the Joint
Decree, because it is hoped that in the future the joint decree can become an alternative law
before a law is formed to overcome existing legal problems. Of course, no longer as a Joint
Decree but as a Joint Regulation.

Keywords: Joint Decree, decision (beschikking), regulation (regeling)