Acting Director for the Harmonization of Legislation I Roberia speaking at the Technical Assistance Program on Legal Drafting Batch II by APHTN-HAN, Wednesday (8/25/2021). Photo by Humas MK/Teguh.

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Wednesday, August 25, 2021 | 21:48 WIB

JAKARTA, Public Relations—The harmonization of legislation serves to minimize silo mentality, strengthen coordination and togetherness, prevent de-harmonization, and improve the quality of legislation that will be produced. For this reason, it must be carried out in alignment with Pancasila, the 1945 Constitution, higher or same-level legislation, said Law and Human Rights Ministry’s Acting Director for the Harmonization of Legislation I Roberia on Wednesday, August 25, 2021, the third day of the technical assistance program (bimtek) on Legal Drafting Batch II organized by the Constitutional Court (MK) in collaboration with the Law and Human Rights Ministry and the Association of Constitutional and the Administrative Law Lectures of Indonesia (APHTN-HAN).

Before 100 participants who followed the program virtually, Roberia explained how legal drafters harmonize legislation to generate agreements on the substance, pursuant to Article 51 paragraph (4) of the Presidential Regulation (Perpres) No. 87 of 2014. In his presentation on “Harmonizing Legislation,” he said legislation serves to regulate, protect, and guarantee rights and obligations so as to create a sense of security and comfort. Legislation, he said, can also provide legal certainty.

In the session moderated by Lily Bauw from Cendrawasih University, Roberia explained that a law consists of written regulations that contain generally-binding norms, are formulated/stipulated by state institutions/authorized officials through the procedures stipulated in the legislation.

“Therefore, harmonizing the legislation requires understanding of the legal, political, economic, social, and governmental systems,” he added.

Results of Legal Research

Next, Head of the Legal Needs Research Division at the National Legal Development Agency Tyas Dian Anggraeni delivered a presentation on “Academic Writing Techniques.” She said the preparation of academic texts is more about practice, and she hoped this technical assistance program would provide input on the problems faced by the legislature in the field. Tyas further explained that, in accordance with academic writing techniques, in lawmaking there are issues regarding material, formation process, and institutions.

“Many arrangements in the legislation are not harmonious and cannot be implemented. Institutional problems are part of the most complicated problems in lawmaking because there is the silo mentality and tug-of-war of interests, leading to laws that have no legal validity,” she said alongside moderator Vieta Cornelis from Dr. Soetomo University.

Tyas also elaborated that, through the president’s direction, lawmaking must facilitate the people to achieve their goals, provide a sense of security, facilitate access to rights, and encourage people to innovate for an advanced Indonesia. Therefore, it must be noted that academic texts are the result of legal research that can be scientifically justified, and they will provide recommendations in lawmaking, improving the law, and improving programs. It is wrong, she said, to assume that academic texts indicate that a study has been carried out or a bill has been brought to academics for consultation. In fact, she said, only the bill’s sponsors—the House of Representatives (DPR) and the government—can compile academic texts.

“According to the Perpres No. 87 of 2014 on the implementing regulations of Law No. 12 of 2011, the sponsors are the minister or head of non-ministry state institution that proposed a bill, a government regulation draft (RPP), and other regulations. So, academics are involved to assist the sponsors as the sponsors are not masters of all knowledge. However, [academics] do not wrote the academic texts,” Tyas explained.

On this third day of the program, the participants also listened to presentations on legal drafting by other speakers. The program will take place virtually for five days on Monday through Friday, August 23-27, 2021. APHTN-HAN members from all across Indonesia attended the program.

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

Translation uploaded on 9/1/2021 08:47 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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