Legal Literacy - In various aspects of life, whether in law, business, or daily life, we often hear the terms "regulation" and "decree." However, did you know that these two concepts actually have quite significant differences? In this article, we will explore the differences between regulations and decrees.
Regulations
Before discussing the differences between regulations and decrees, it is important to understand what a regulation is. A regulation is a general and abstract norm created by an authorized body that has the authority to do so, which binds a specific group of people, situation, or region.
Regulations can be considered as rules or norms established by a specific authority, usually the government, to regulate the behavior or activities of the community. Regulations can be in the form of laws, organizational regulations, or guidelines that apply in a specific area or environment.
In Dutch, a Regulation is referred to as "regeling" which translates as "regulation". This term refers to general and abstract rules that bind a specific group of people, situation, or region.
Characteristics of Regulations
- Authority: Regulations are generally established by authorities that have the power or authority to do so, such as the government or legislative bodies.
- Firmness: Regulations are usually firm and binding, with sanctions imposed if violated.
- Purpose: The purpose of regulations is to create order, justice, and security in an environment or society.
Examples of Regulations
- Laws
- government regulations
- regional regulations
- village regulations
Decrees
Meanwhile, a decision is a concrete and individual action made by an authorized body with the authority to do so, addressed to a specific person or situation.
A decision refers to the act or result of a thought process or evaluation of a situation or available information. Decisions can be made by individuals, groups, or organizations to determine the actions to be taken in a specific context.
In Dutch, a Decision is called "Beschikking" which translates to "decision" or "decree" in the context of administrative law. It is an administrative decision by a government body addressed to a specific person, group, or situation.
Characteristics of Decrees
- Subjectivity: Decisions are often influenced by subjective factors, such as personal values, experiences, and preferences.
- Process: Decision-making involves a complex evaluation process, in which various options are considered and sorted to achieve a specific goal.
- Flexibility: Decisions can be more flexible than regulations, as they can be adapted to the context and changing situations.
Examples of Decrees
- Decree of the Minister
- Decree of the Rector
- Decree of the Board of Directors
Differences Between Regulations and Decrees
1. Differences Between Regulations and Decrees in Terms of Nature, Scope, and Legal Force
Nature
- Regulation: General and abstract, meaning it applies to all people and situations within a specific scope. For example, the Law on Marriage regulates marriage in general, without referring to specific individuals.
- Decision: Individual and concrete, meaning it only applies to the person or situation specifically mentioned in the decision. For example, the Decree on the Appointment of Civil Servants only applies to the person whose name is listed in the decree.
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