Legal Drafting Trainees of the Ministry of Law and Human Rights Visit The Court
Image

Constitutional Court Justice Maria Farida Indrati when receiving the visit by the participants of the Functional Position Training for Legislative Drafters Batch III of the Ministry of Law and Human Rights (Kemenhukham) on Monday (1/11).


Jakarta, MKOnline – A law must fulfill the substance of the law. Otherwise, it would be better to be set out in a presidential regulation or a ministerial regulation. This was conveyed by Constitutional Justice Maria Farida Indrati when receiving the visit by the participants of the Functional Position Training for Legislative Drafters Batch III of the Ministry of Law and Human Rights (Kemenhukham) on Monday (1/11) in The Court’s Building. 

“It is like the Scouting Draft Law. The question is whether it fulfills the substance of a law as included in Article 8 of Law Number 10/2004 regarding the Formulation of Laws and Regulations. Is the scouting law related to human rights? Does scouting also constitute a right and obligation for citizens? It would be better to be set forth in a presidential regulation or a ministerial regulation. This would not waste a lot of budget. Moreover, the comparative study was to South Africa rather than to the home country of Robert Baden Powell as the founder of the scouting movement.” described Maria.

Maria explained the hierarchy of laws and regulations namely the 1945 Constitution, Laws/Government Regulations in Lieu of Law, Government Regulations, and Regional Regulations. A regulation issued by several institutions referred to in Article 7 paragraph (4) of Law Number 10/2004, continued Maria, should not be ‘external’. “Here, ‘external’ means that it cannot bind the general public, but only binds itself. For example, the Constitutional Court (The Court) can issue their Regulation. However, the Regulation is limited to the regulation for facilitating the functions and authority of The Court only,” she explained.

Maria mentioned several institutions having a similar characteristic with Constitutional Courts in issuing regulations. “MPR (People’s Deliberation Assembly), DPR (House of Representatives), MA (Supreme Court), DPD (City Council), BPK (Supreme Auditory Board), BI (Bank of Indonesia), DPRD (Regional House of Representatives), House of Representatives at Regency/Municipality level cannot make any externally binding regulations either,” she explained. (Lulu Anjarsari/mh)


Wednesday, November 03, 2010 | 09:40 WIB 269