Hierarchy of regulations in Indonesia

Tuesday, June 30, 2009

I have been asked several times by my fellow lawyers working in foreign jurisdictions about the hierarchy of rules and regulations in Indonesia. This post will try to clarify.

The hierarchy of rules based on the old People Consultative Assembly Decree is no longer in force. The new hierarchy of rules and regulation is enumerated under Law 10/2004 on the formulation of laws and regulations, Article 7:
  1. 1945 Constitution
  2. Laws/Govermental Regulation in Lieu of Law
  3. Governmental Regulation
  4. Presidential Regulation
  5. Regional Regulation (provincial/municipal/village level)
Ministerial decrees and the decrees of non departemental chiefs do not have the binding power as regulations. They are binding in their respective sectors as an administrative decision.