Lex superior derogat legi inferiori (Latin: "the higher law overrides the lower law") is the principle that, in a conflict between legal norms of different rank, the norm of higher rank prevails, and the lower norm must give way or be declared invalid.
The Hierarchy of Norms
The principle presupposes a hierarchy, an idea developed by the Austrian jurist Hans Kelsen in his theory of the Stufenbau ("step structure") of the legal order, in which each norm derives its validity from a higher norm, ultimately from the constitution.
The Indonesian Hierarchy
Article 7(1) of Law No. 12 of 2011 on the Formation of Legislation, as amended, sets out the hierarchy of Indonesian legislation: the 1945 Constitution; Decrees of the People's Consultative Assembly; Laws and Government Regulations in Lieu of Law; Government Regulations; Presidential Regulations; Provincial Regulations; and Regency or City Regulations. Article 7(2) confirms that the binding force of legislation follows this hierarchy.
Enforcement
The principle is enforced through judicial review. The Constitutional Court reviews laws against the Constitution, and the Supreme Court reviews regulations below the level of law against laws. Regional regulations may also be reviewed and corrected through the executive review mechanisms of central government, within the limits set by the Constitutional Court.
Why It Matters
Without a clear hierarchy, every conflicting regulation would create uncertainty. The principle ensures that ministers and regional governments cannot override the decisions of the national legislature, and that the legislature itself remains bound by the Constitution.