The Head of the National Law Planning Center Djoko Pudjirahardjo delivering a presentation at a technical assistance program on Legal Drafting Batch I virtually, Thursday (29/7/2021). Photo by Humas MK/Teguh.
Thursday, July 29, 2021 | 17:22 WIB
JAKARTA, Public Relations—The virtual technical assistance program (bimtek) on Legal Drafting Batch I for lecturers of constitutional law and state administrative law, organized by the Constitutional Court (MK), continued on the fourth day on Thursday, July 29, 2021. The program is organized by the Constitutional Court (MK), in collaboration with the Law and Human Rights Ministry and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN).
The Head of the National Law Planning Center Djoko Pudjirahardjo delivered a presentation on “The Drafting of Academic Texts.” Before starting his explanation, Djoko revealed overregulation in Indonesia, which President Joko Widodo believed had hindered governance and should be evaluated. Regulatory management is a priority for legal reform, for example, by carrying out several policies and evaluating all laws and regulations, from the center to the regions, from the highest to the lowest.
This is done through the revision to Law No. 12 of 2011 on Lawmaking, which is amended by Law No. 15 of 2019. Those law determines the analysis, evaluation, monitoring, and review of laws and regulations, which had never been carried out before. Only planning, drafting, discussion, ratification or stipulation, and promulgation had been carried out.
Djoko explained that monitoring and review are activities to observe, record, and assess the implementation of existing laws and regulations in order to find out the achievement, impacts, and benefits for the state.
In addition, Djoko said, effective planning strategies include the implementation of the National Legislative Program (Prolegnas), the drafting of academic texts, and the building of an integrated database.
Academic Texts
Djoko explained that academic texts are research or studies on a certain issue that is accountable academically in a bill (RUU), provincial/regency/city regulation draft (raperda) to solve society’s needs and issues. Academic texts are composed at the planning stage of laws and regulations to introduce the results of research or studies on law or other matters.
Djoko said that Article 43 paragraph (1) of Law No. 12 of 2011 stipulates that bills of law may come from the House (DPR) or the president, while paragraph (3) stipulates that those that come from the House, the president, or the DPD (Regional Representatives Council) must be accompanied by a legal text. Then, Article 44 paragraph (1) stipulates that the academic text is composed following the predetermined technique, while paragraph (2) stipulates that the technique as referred to paragraph (1) is laid out in Appendix I, which is inseparable from the law. Article 47 paragraph (1) stipulates that the bills proposed by the president are prepared by minister of head of non-ministry agency relevant to their duties and responsibilities.
Djoko further said that academic texts serve to direct stakeholders, facilitate discussion, and as policy documents. They portray matters related to the laws/regulations to issue and inform stakeholders, especially policymakers, in making decision. They also serve to assist in the harmonization of laws and regulations and positive law. For drafters, they are used as references.
Lawmaking Techniques
In the next session, the participants were divided into four groups, to listen to presentations on “Lawmaking Techniques” by several officials from the Ministry of Law and Human Rights’ Directorate General of Legislation (DGL).
One of the speakers were the Head of Sub-directorate for Planning and Preparation of Law and Regulation Drafts Muhammad Waliyadin, who talked about “Language, Diction, Citing Techniques.” He explained that legislation follow the Indonesian grammar in terms of diction, structure, writing technique, and spelling. However, it has its own characteristics based on clarity, straightforwardness, standardization, harmony, and adherence to principles in accordance with legal requirements, both in formulation and writing technique.
Next, Legislation Planner and Head of the Subdirectorate for Harmonization of Industry, Commerce, Research, and Technology Widyastuti explained “Special Matters and Language Variety in Legislation.” She talked about the format of legislation drafting, authority delegation, etc. Meanwhile, Legislation Planner and Head of the Subdirectorate for Material and Analysis Facilitation Mukhamim talked about the lawmaking process.
The technical assistance program (bimtek) on Legal Drafting Batch I is organized by the Constitutional Court (MK), in collaboration with the Law and Human Rights Ministry and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN). It will take place for five days, from Monday to Friday, July 26- 30, 2021. The participants are lecturers across the country that affiliated with APHTN-HAN, either as managers or members. On the fifth day, the participants will join a lawmaking practice and a seminar to introduce its results, followed by a closing ceremony.
Also read:
Court, Law and Human Rights Ministry, APHTN-HAN Hold Legal Drafting Program
Legal Drafting Training: Judicial Review to Lawmaking
Technical Assistance on Legislation Collection
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/2/2021 13:25 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Thursday, July 29, 2021 | 17:22 WIB 237