Tuesday 17 September 2013

PRINCIPLES REGULATION LEGISLATION

PRINCIPLES REGULATION LEGISLATION
1. The principle of lex superior derogate legi inferior (higher disregard lower), used when there is a conflict, in this case the note is a hierarchy of legislation, for example when there is a conflict between Pemarintahan Regulation (PP) with Act then used is Law - Law Act because the position is higher in rank than the PP.
2. The principle of lex specialis derogat legi generalist (which means that special rules mengeyampingkan more general rule. For example, when it made an agreement, then that becomes lex is a contract (written agreement) between the two sides, while the lex generalisnyaadalah Civil Code
3. The principle of lex posterior derogat legi priori (which means that the new rules put aside the old rules), this principle is used when there is a conflict between aturn the same rank, for example, Act 40 of 2007 on limited liability company waives Act No. 1 of 1995
4. The principle of non-retroactivity, which means Law / Pertaturan should not be retroactive, that a law can not be applied to a case where the Act has not been established