Chief Justice Anwar Usman opening Batch II of Technical Assistance Program on Legal Drafting, with Director-General of Legislation of the Law and Human Rights Ministry Benny Riyanto, APHTN-HAN Secretary-General Bayu Dwi Anggono, Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti, and acting Head of the Pancasila and Constitution Education Center Imam Margono in attendance, Monday (8/24/2021). Photo by Humas MK/Teguh.

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Tuesday, August 24, 2021 | 07:19 WIB

JAKARTA, Public Relations—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), held a technical assistance program (bimtek) on Legal Drafting Batch II on Monday, August 24, 2021.

The program was officially opened by Chief Justice Anwar Usman from the Constitutional Court's Pancasila and Constitution Education Center. Director-General of Legislation of the Law and Human Rights Ministry Benny Riyanto, APHTN-HAN Secretary-General Bayu Dwi Anggono, and Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti attended the event virtually.

In his opening speech, Justice Anwar said lawmaking laws and regulations were an important process in legal drafting. They not only facilitate the preparation of legal documents, but also provide evidence in case of differences in the interpretation of norms. Therefore, legal drafters must pay attention to mechanism and procedures of legal drafting because it could have a direct impact on the resulting regulations into legal norms.

“Therefore, legal drafters not only must meet legislation targets, but also understand the constitutional norms referenced for the laws in question. Misinterpretation of the Constitution can result in the law being declared unconstitutional, both formally and materially,” he said.

Cooperation Between Three Institutions

Meanwhile, acting Head of the Pancasila and Constitution Education Center Imam Margono in his report of the event said that the program was the result of collaboration between three institutions: the Constitutional Court, the Law and Human Rights Ministry, and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN). Around 100 participants—lecturers, educators, and legal drafters—attended the program. “The program is aimed at improving the competency of legal drafters regarding the legal products in the Constitutional Court and to improve their understanding of lawmaking,” he explained.

Intellectual Meeting

Next, APHTN-HAN Secretary-General Bayu Dwi Anggono said the program’s inclusive nature, as people from all across the country participated in the program, was important because the Law and Human Rights Ministry and the Constitutional Court belonged to the people. The two institutions’ cooperation in the program was an intellectual meeting between them. “This program also cultivates a sense of belonging of the state institutions that we are all proud of,” he said.

Bayu also expressed his hope that the program, which was scheduled for four batches, would facilitate lecturers, who are also legal drafters, to improve their knowledge of lawmaking. He believed it would minimize the repeal of laws in the judiciary. Therefore, there will be laws and regulations that fit the needs of the people and have exceptional substances.

“Therefore, we hope the participants will use this opportunity and comply with the rules set in the program. Let us show that APHTN-HAN is an organ that contributes to the interest and advancement of the state and nation,” he said.

Overregulation

Director-General of Legislation of the Law and Human Rights Ministry Benny Riyanto in his remarks said competition between countries was increasingly competitive, thus creating the need for good laws and regulations. He acknowledged Indonesia as having an issue of overregulation and overlapping regulations that had led to conflicts.

“This has led to legal uncertainty and long bureaucracy as existing regulations often overlap. Lawmaking awareness is still low so many institutions race in creating laws to regional regulations even when it might not be necessary. Therefore, it needs good arrangement,” he explained.

Benny expressed his hope that legal drafters arm themselves with knowledge and competency in lawmaking. He hoped they could also implement theories into practice so that as functional officials they could contribute to the improvement of Indonesia’s laws and regulations.

The program will take place for five days on Monday through Friday, August 23-27, 2021. Chief Constitutional Justice of 2003-2008 Jimly Asshiddiqie will talk about “Constitutional Interpretation,” while Deputy Chief Justice Aswanto will talk about “The Procedural Law of Judicial Review.” Meanwhile, Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti will deliver a presentation on “Types and Hierarchy of Laws and Regulations.”

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/31/2021 17:18 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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