The Conflict of Legal Regulations Norms Business License For Recruitment and Placement of Ship Crew

Authors

  • Werdhi Sutisari Universitas Padjadjaran
  • Musa Darwin Pane Universitas Komputer Indonesia

DOI:

https://doi.org/10.31941/pj.v23i2.5810

Keywords:

Disharmony , Conflict of Norms, Regulations legislation

Abstract

Disharmony in context regulation legislation is a event ,
where there are two or more regulations that govern about
One the same substance , but each of them regulation the No
own technical equation its arrangement. Disharmony
regulation legislation can also be said existence mutually
exclusive rules overlap overlap between One regulation with
regulation others , so that result in existence opposition
regulation Good in a way vertical or horizontal, and
overlapping overlap regulation the caused by Because too the
amount existing laws in Indonesia. There is disharmony law
naturally result in enforcement existing regulations ,
meaning that existence regulation is to organize life society ,
but regulations can be No effective while happen disharmony
from regulations. This research uses study legal normative ,
namely with adopt approach law normative , which focuses
on analysis to regulation applicable legislation and concepts
law . His analysis is descriptive qualitative , with describe ,
explain and analyze aspects law with use qualitative . The
purpose is is to provide an overview in a way comprehensive
about disharmony regulation legislation. Research result :
when it turns out happen conflict of norms, then effort law
settlement conflict of norms in business permits Ministry of
Law and Human Rights and Ministry of Transportation
with use First principle preferences . Principles preferences
used in solving conflict of norms that occurs between
regulation legislation . If associated with principle this
preference , the problems that occur more appropriate use
principle the third preference namely lex specialist derogate
legi general.

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Published

2024-12-30