Lex Consultan Derogat Legi Generalii Composition

Lex Speciali Derogat Legi Generali is a legislation principle meaning that the particular regulations can override the typical rule. This kind of principle was made so that the unique case will be regulated by certain or specialized law too. The principle of Lex Speciali Derogat Legi Generali used because some instances need to have their own law because sometimes the general law won't be able to always control the specific circumstances. The different reason in using this theory is to keeping away from the battle between the laws and regulations, for example applying this principle we may analyze when ever there's battle between constitutional (UUD) and law (UU) because there are probably some points of those laws that doesn't match each other. There are two legal entities through this state that may do such judicial review (uji materiil) to our laws and regulations. The 1st entity may be the Supreme Court. Supreme The courtroom is the enterprise that can carry out judicial review to the regulation below regulation, for example Best Court can easily review regional regulation. Then the second business that can carry out judicial assessment toward the law also is Constitutional Court. Constitutional Court can easily do contencioso review when there's a clash between the law and the constitution. In practicing this basic principle there are some conditionals to be concerned; another rules consist inside the general regulation are still can be found, and the supply of lex specialis should be suitable with lex generalis. Law in Indonesia use this principle in working with cases. By way of example article 18 of 1945 Constitution brings up that governor, deputy, and major must be elected democratically. On the other hand there's Law number 13 of 2012 with regards to Distinction of Daerah Menarik Yogyakarta which regulates which the governor of DIY will probably be elected depending on lineage. Legislation no . 13 of 2012 regarding Distinction of Kota Istimewa Yogyakarta is in theory is the opposite of what stated in document 18 of 1945 Metabolic rate. But using the principle of Lex Speciali Derogat Legi Generali, what the law states regarding the differentiation of DO IT YOURSELF, is not...

References: * http://www.hukumonline.com/

5. www.sokonagoro.com

* http://www.djpp.depkumham.go.id