ABSTRACT

Key words : act subordinate legislation, legal certainty

Several act instruct the deadline which listed the articles into it. It enacts to be followed up by its
subordinate legislation. However, if the overtime happens as it is appointed by the act since the act is
promulgated, therefore the obligation which are ordered and mandated in making and stipulating the
subordinate legislation of the act has failed to be fulfill. Thus, this evokes questions of how the legal
domicile and implication of the act which undefined in its subordinate legislation and also there is no legal
certainty to the state law as an order and mandate to issue the subordinate legislation in certain time
period, and raises the question whether these are incompatible to the legal certainty principles.

The research design is normative law design. Therefore, the research is done by reviewing the implication
and legal domicile of the delays in stipulating the subordinate legislation of the act into perspective of
legal certainty. It begins by reviewing the act legal domicile which undefined yet I subordinate legislation,
and the implication which supposed to happen if there is a delay or overtime in stipulating the act
subordinate legislation into legal certainty perspective by doing the library research.

Based on the result of the research, it is summarized that the act of legal certainty which is undefined yet,
doesn’t affect the enforceability of the act. Since the act start to bind according to the stated provision
and the act start to bind and valid for public since it is stated in the state gazette and subsidiary of state
gazette. Besides, it can be concluded that the overtime in stipulating the subordinate legislation of the act
will cause the law implication around hukum tata Negara, domestic public law, dan civil law.

Based on how the a delay or overtime in stipulating the act subordinate legislation happens, the writer
has summarized that it contradicts to legal certainty, since the requirements to reach the legal certainty
is not full filled yet, which are the availability the clear law procedures, the consistent and accessible
publishing by state power; moreover it doesn’t reflect the value of legal certainty that requires certain
law system consists of rules (including subordinate legislation) and the purposes in the legal certainty
principle are exist and has the value in it or it being made after the act of the law is exist.