IMPLIKASI PERUBAHAN SYARAT PENGGUNAAN DISKRESI BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG- UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA MENJADI UNDANG-UNDANG

Abstract

Discretion is a decision and/or action determined and/or carried out by government officials to overcome concrete problems faced in the administration of government in terms of statutory regulations. The definition of discretion is regulated in Law Number 30 of 2014 concerning Government Administration. Formulation Problem (1) How is the discretion regulated in Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law? (2) What are the implications of changes to the requirements for the use of discretion based on Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law? The type of research used is normative juridical, with document study data collection techniques, the type of data is secondary data consisting of Primary, Secondary and Tertiary Material. Based on the results of the study above, the research concludes, Firstly, the Discretion Regulations in Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becoming Law are regulated in article 75 number 2 which eliminates the requirement for the use of discretion does not conflict with the provisions of laws and regulations previously regulated by state administration laws. Second, the implications of changing the requirements for the use of discretion based on Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law is that it influences government decisions, has the potential for abuse of power and is contrary to statutory regulations. higher.