Legal Drafters Must Understand Constitution Before Drafting Legal Norms
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Chief Justice Anwar Usman with Acting Head of the Pancasila and Constitution Education Center Imam Margono, Director-General of Legislation Benny Riyanto, APHTN-HAN Central Executive Board Chairman Dr. Mirza Nasution, and Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti at the opening of the APHTN-HAN Legal Drafting Program Batch IV, Monday (9/20/2021). Photo by Humas MK/Teguh.


Monday, September 20, 2021 | 07:26 WIB

BOGOR, Public Relations—The Pancasila and Constitution Education Center held the technical assistance program (bimtek) on Legal Drafting Batch IV for the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) on Monday, September 20, 2021. The program was officially opened by Chief Justice Anwar Usman, alongside the Acting Head of the Pancasila and Constitution Education Center Imam Margono, Director-General of Legislation Benny Riyanto, APHTN-HAN Central Executive Board Chairman Dr. Mirza Nasution, and Director of Regional Regulation Planning Facilitation and Training Nuryanti Widyastuti.

In his opening speech, Justice Anwar said that the drafting of legislation is crucial in the formulation of laws and derivative regulations. The draft of the legal documents not only serve to facilitate the formulation and discussion of a law, but also as evidence in case of future misinterpretation of the norms. Therefore, he urged legal drafters to understand the process, mechanism, and principles of the duty.

“Because the results of the formulation can have direct impacts on the quality of the resulting legislation. Thus, drafters are not only obliged to meet the legislation target, but also to understand the Constitution, which is the reference for the law,” he said.

Justice Anwar then explained that legal drafters’ duty is related to the Constitutional Court’s (MK) authority. Laws are the products of the executive and legislative, which came from majority democracy, so the Court created a mechanism to determine whether they have been formed accordingly. Therefore, legal drafters must understand the formal, material, and substantive principles of lawmaking.

“The most important part of legal drafting, I believe, is the fulfillment of the principles of humanity, social justice, divine values and unity, as well as understanding and tolerance as mentioned in the state ideology Pancasila. As such, the legal drafting offer benefits, certainty, and justice for all people,” he said.

The bimtek was planned to run for five days on Monday-Friday, September 20-24, 2021. The participants will be listening to presentations by legal experts. They will also practice legal drafting and presenting their results in groups to ensure optimum understanding of the materials and practices.

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

Translation uploaded on 9/29/2021 14:56 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.


Tuesday, September 21, 2021 | 07:26 WIB 288