The Urgency of Philosophical, Sociological and Juridical Applicability in Legislation

Abstract

Legislative regulations are drawn up and enacted to ensure that the statutory regulations are adhered to and adequate to fulfil their aims and objectives. Three applicabilities, namely philosophical, sociological, and juridical, strongly influence the effectiveness of statutory regulations. Philosophical applicability shows that laws and regulations must follow intellectual values that live in society. At the same time, sociological bearing states that the community recognizes any rule and regulation and meets the people's needs and developments. Juridical applicability indicates that an authorized institution must make the statutory regulations stipulate the content is suitable. The form of the Law does not conflict with the higher rules, and the legislator makes it through a predetermined procedure. This research is a descriptive analysis using a normative juridical approach. The study results indicate that the non-compliance of statutory regulation to the three applications will create the potential for carrying a judicial review, both formally and materially, which causes the court that has the power to review to cancel the Law.