Lex specialis derogat lex generalis is a legal principle that states a specific law overrides a general law, which means a law that is specifically designed to cover a particular situation takes priority over a general law that applies to all situations. The principle is applied in various legal systems worldwide, including Indonesia. In this article, we will explore the concept of contoh kasus lex specialis derogat lex generalis and its application in Indonesian law.
Defining Lex Specialis Derogat Lex Generalis
Lex specialis derogat lex generalis translates to ‘the specific law prevails over the general law.’ The principle is used to resolve conflicts between two laws that seem to apply to the same situation but have different provisions. In such cases, the law that is specific to the case takes precedence over the general law.
For instance, if a general law prohibits the use of motorbikes on the sidewalk, but a specific law allows it for medical emergencies, the specific law will prevail over the general law in situations of medical emergencies.
Application of Lex Specialis Derogat Lex Generalis in Indonesian Law
Indonesia follows the principle of lex specialis derogat lex generalis in resolving conflicts between laws. The principle is enshrined in several laws and regulations, including the Law No. 10 of 2004 on the Establishment of Legislation (UU No. 10 Tahun 2004 tentang Pembentukan Peraturan Perundang-undangan).
The Law No. 10 of 2004 stipulates that when two laws apply to the same situation and conflict, the specific law takes precedence over the general law. The same principle also applies to regulations, ministerial decrees, and other legal instruments.
Indonesia also follows the principle of lex specialis derogat lex generalis in international law. The principle is applied in resolving conflicts between international treaties and national laws. When a national law conflicts with an international treaty, the specific provisions of the treaty take precedence over the conflicting national law.
Contoh Kasus Lex Specialis Derogat Lex Generalis
There are several examples of contoh kasus lex specialis derogat lex generalis in Indonesian law. One of the notable cases is the case of PT Bangun Karya Pratama Lestari vs. PT Jakarta Propertindo (Case No. 14/PDT.G/2015/PN.NIAGA.JKT.PST).
In this case, the two companies had a contractual dispute over the construction of an office building. The contract was governed by a general contract law and a specific regulation on government procurement. The general contract law required the company to obtain a building permit before commencing construction, while the government procurement regulation exempted the company from obtaining a permit if the project was government-funded.
The court applied the principle of lex specialis derogat lex generalis and held that the government procurement regulation takes precedence over the general contract law. Since the project was government-funded, the company was exempted from obtaining a building permit, and the contract was deemed valid.
Conclusion
The principle of lex specialis derogat lex generalis is an essential legal concept that helps resolve conflicts between laws. It is widely used in various legal systems worldwide, including Indonesia. The principle is applied in resolving conflicts between two laws that apply to the same situation but have different provisions. In such cases, the specific law takes precedence over the general law. Understanding the concept of contoh kasus lex specialis derogat lex generalis is crucial for lawyers, judges, and anyone involved in legal matters.