Acting Director for the Harmonization of Laws and Regulations I Roberia speaking at the technical assistance program on Legal Drafting Batch III for constitutional and administrative law lectures virtually, Wednesday (9/8/2021). Photo by Humas MK/Teguh.

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Wednesday, September 8, 2021 | 20:53 WIB

JAKARTA, Public Relations—On the third day of the technical assistance program (bimtek) on Legal Drafting Batch III on Wednesday, September 8, 2021, Roberia, Adharinalti, Reza Fikri Febriansyah, and Hendra Kurnia Putra gave their presentations.

The Acting Director for the Harmonization of Laws and Regulations I Roberia talked about “Harmonizing the Legislation.” He said harmonization was part of the drafting stage of legislation, where it was inevitable that one would went back to the foundation and understand more lawmaking theories.

The state and its citizen must uphold the law. “We understand Indonesia as a rule of law. It is not a novel phrase. I see this in everyday life, as in the harmonization [of legislation],” he said.

Roberia said the rule of law is often experienced in everyday life, but it is not easy. The power in the state delegated by the people to the government and handed down to ministries or institutions is not absolute nor is it unlimited, but is based on law.

The harmonization of legislation, he said, is not separate from the legislation, which is established and determined by state institutions or authorized officials through the procedures set out in laws and regulations.

The teleology of legislative harmonization, he revealed, serves to maintain and uphold the values of Pancasila. In teleology, the biggest key is to prevent disharmony and minimize silo mentality.

Roberia also explained the methods of harmonization, which serve to harmonize legislation and Pancasila, the 1945 Constitution, higher or equal laws and regulations, and the legal drafting technique in order to produce agreement on the regulated substance.

Drafting of Academic Texts

Next, Head of the Academic Texts Division of the National Law Development Agency (BPHN) Adharinalti gave a presentation on “The Drafting of Academic Texts.” She said that academic texts are results of legal studies or research in other fields are scientifically accountable.

They must have philosophical, sociological, and juridical foundations. The philosophical foundation is the legal ideals according to Pancasila and the 1945 Constitution so that legislation has a vision and is sustainable. The sociological foundation is the conditions in society, so that legislation can be effective and accepted by society. The juridical foundation is legal legitimacy where legal certainty is ensured.

Reza Fikri Febriansyah, talked about “Legal Drafting Technique,” followed by Hendra Kurnia Putra on the same topic, which concluded the presentations on the third day.

The Constitutional Court (MK) collaborates with the Ministry of Law and Human Rights and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) to organize the program, which will be taking place on September 6-10, 2021 virtually. 

Also read:

Chief Justice: Legal Drafters Must Understand Constitutional Norms

Legal Drafting Program Presents Several Speakers 

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/22/2021 12:34 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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