KEDUDUKAN DAN KEKUATAN HUKUM SURAT KEPUTUSAN BERSAMA MENTERI PENDIDIKAN DAN KEBUDAYAAN, MENTERI DALAM NEGERI DAN MENTERI AGAMA (SKB TIGA MENTERI) TENTANG PENGGUNAAN PAKAIAN SERAGAM DAN ATRIBUT DITINJAU DARI UU NOMOR 12 TAHUN 2011

Abstract

The formation of laws and regulations is a form of government effort in setting orders
or prohibitions that aim to regulate and protect their citizens. The laws and regulations that
are created will be divided into levels or hierarchies. In the hierarchy of legislation, the
presence of a new regulation must be relevant to the existing regulations. This is expected to
reduce the arbitrariness of the regulations, so that there are no violations of the law. The
laws and regulations that are made have the basis of formation which is regulated by the
constitution. It becomes a problem if the process of forming laws and regulations does not go
through procedures that result in uncertainty about the position and legal force of the laws
and regulations. One of the products of legislation whose position is questioned is the Joint
Decree. In the application of the law, the Joint Decree contains substance which contains
matters related to law enforcement and application. This Joint Decree is categorized as a
policy issued by two or more Ministers, which aims to solve urgent problems in Indonesian
society. A Joint Decree in this case is issued by the Minister of Education and Culture, the
Minister of Religion and the Minister of Home Affairs regarding the use of uniforms and
attributes. Joint Decree which aims to protect the freedom of citizens to choose and practice
their religion without the obligation to use uniforms and attributes with certain religious
nuances. However, the position and legal force of the Joint Decree are not yet clear, making
this statutory regulation unable to be applied optimally. So the authors set several objectives
of this research.
The aims of this research are: First, to know and understand the position of the Joint
Decree regarding the use of uniforms and attributes. Second, to understand the legal force of
the Joint Decree after the issuance of the Supreme Court decision. And third, to find out the
construction of the concept of proper legal regulation on the use of clothes and attributes.
The type of research carried out is normative legal research or library law research using
research methods on legal principles.
From the results of the study, three main things can be concluded. First, the Joint
Decree is a policy, not a regulation. Second, the Joint Decree cannot be tested at the
Supreme Court, and Third, it is necessary to establish new laws and regulations, in order to
continue to carry out the role of the state as a tool to protect its citizens.
Keywords: Position – Joint Decree – Protection of Rights