PREVIEW OF DRAFT LAWS PRACTICE INDONESIA AND FRANCE: CURRENT DISCUSSIONS ON COMMON AREAS OF INTEREST
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Abstract
The focus of this paper is to discuss and analyze the review of the preliminary law between Indonesia and France. Additionally, it will delve into the details of the review of laws and regulations in Indonesia, and explore the potential implementation of the Principles of Testing in the Draft Law based on the practices in France. To conduct this study, a combination of normative research and empirical data will be employed. The research approach aims to identify the norms outlined in legal statutes and theories, using a conceptual approach that draws on established legal views and doctrines. The findings indicated that the effective practices implemented in France can serve as a model for the implementation of preview activities. These practices could potentially be applied in the drafting of bills in Indonesia to minimize issues such as contradictory interpretations, overlaps, and ineffectiveness of laws. Currently, the evaluation of laws is only done through judicial review via the Constitutional Court, but it is recommended that the review process should be expanded to include both executive and legislative branches. Full adoption of the preview of the bill, as done in France, would likely require the revision of both the 1945 Constitution and Law 12/11 to establish a new institution for bill review, which is outlined in Article 20 of the Indonesian Constitution.
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