Legal Drafting Artinya

Legal writing is one of the most important elements of legal practice. Legal writing is a combination of two words, namely “legal” and “drafting”. Literally, the word “legal” means something that conforms to the provisions of the law, while “draft” means to conceive/conceptualize. Thus, legal drafting can be interpreted briefly as the design of a legal manuscript/draft contract or a Memorandum of Understanding (Memorandum of Understanding). Principles for the incorporation of laws and regulations • In general, there are several principles or bases for laws and regulations to be applied correctly and effectively, in the sense that laws and regulations apply well (perfectly) and are effective in their preparatory techniques. • There are 3 (three) principles for the application of laws and regulations, namely legal principles, philosophical principles, sociological principles. The technique of drafting laws and regulations is another thing that does not affect the applicability of laws and regulations, but concerns the question of whether the wording of a law is good or not. • The principle of law is very important in the drafting of laws and regulations, especially those concerning: 1. The need for the authority of the authors of laws and regulations, which means that any law must be promulgated by an authorized agency or official. 2.

The nature and material content of laws and regulations shall be consistent. Such a discrepancy may constitute grounds for annulment of the legislation adopted. 3. The need to comply with certain regulations or procedures. If the procedure/procedure is not followed, the law is null and void or not binding. 4. Necessity does not conflict with higher-level laws and regulations. One. The philosophical principle of legislation is the basis that refers to the philosophical/ideological basis of the state, in the sense that laws and regulations must pay special attention to the values contained in Pancasila (legal image). Every society expects the law to create justice, order and prosperity.

b. The sociological principle of legislation is a basis that refers to the conditions/realities that live in society in the form of community needs or demands, community trends and expectations. Therefore, laws and regulations that have been promulgated must be accepted by the community and have effective practices. Laws accepted by the public will reasonably have effective practice and will not require much institutional guidance to implement. c. Soerjono Soekanto-Purnadi Purbacaraka established two theoretical foundations as a sociological basis for the promulgation of the rule of law, namely: 1. The theory of power applies sociologically to domination based on the coercion of the ruler, whether or not it is accepted by society; 2. Recognition theory. The rule of law applies on the basis of acceptance of the community in which the law applies • In addition, in addition to the need to master legal knowledge, a legal drafter should also pay attention to legal standards/norms as the basis for legal education. • Legal rules/norms can in principle be interpreted as decision-making determined by the functions of state power that bind legal persons with legal rights2 and obligations in the form of prohibitions, imperatives and capacities. • The product of the decision can be distinguished by three terms, namely: 1. agreements that generate regulations (rules) 2.

determinations that lead to settlements or decisions (beschickkings) 3. the judgment or court that makes a judgment (conviction). • For this reason, the law must be interpreted as a written and unwritten provision that governs human life in the context of life. Both between them and with his environment. These provisions are binding and of general application and will be subject to sanctions from an external power (power external to man) in case of non-compliance. • Legal rules/norms aim to create order and security (order) as well as peace and tranquility (rust). The rule of law of their practice is imposed on outsiders. • One can also interpret that a legal norm is a norm based on a measure of good or bad values2 that are guided by the principle of justice and are: 1) orders (odd/gebod) that people must make (orders), 2) prohibitions (prohibire/verbod) that should not be made, 3) ability (allow/love) something that is not forbidden and unsaid. Example: • A woman who intentionally aborts her uterus or extinguishes her uterus or asks others to do so is threatened with a maximum prison sentence of 4 years (346 StGB) • Anyone who intentionally seriously injures another person is threatened with serious abuse with a maximum prison sentence of 8 years (354 StGB) • Anyone who wants to construct a building must obtain permission from the authorized officer. The most important thing in the process of forming laws is the preparation of laws and regulations. The development of laws and regulations begins at the pre-design phase, the design phase, the discussion phase, the determination phase, the promulgation phase, the implementation phase and the evaluation phase. These different stages clearly encompass many trades, one of which is a legal drone.

Legal drafters generally refer to writers and designers who serve in government. On the other hand, the experts responsible for assisting members of the House of Representatives and the Regional Representative Council are commonly referred to as legislators. There is no standard understanding of the legal drafter or drafting of laws and regulations. A legal writer is usually a lawyer who understands and understands how to shape laws and is fully dedicated to his or her work. The legal drafter can be called one of the legal professions that is not very well known, but promising because the profession of legal writer can be found in various government agencies or in the legislature, for example, in the legal office of the provincial/municipal/regency government, DPR or DPRD, the Ministry of Justice and Human Rights and related bodies, etc. • Literally, legal dafting can be freely translated, is the elaboration/elaboration of laws and regulations. From a legal point of view, legal drafting is a legal practice that produces, for example, regulations; The Government promulgates laws and regulations; The judge makes the court`s decision, which is binding on the public; The private sector makes private arrangements or regulations such as; Agreements/contracts, cooperation and others that bind the parties to the agreement or contract. • In this lecture, legal drafting is not understood as a legal conception in the broad sense, but as a law in the narrow sense, namely legislation or legislation.