Unan Pribadi (speaker) and Vieta Cornelis (moderator) during the Q&A session in the Legal Drafting Program Batch IV for APHTN-HAN, Wednesday (9/22/2021). Photo by Humas MK/Teguh.

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Wednesday, September 22, 2021 | 21:10 WIB

BOGOR, Public Relations—The Pancasila and Constitution Education Center of the Constitutional Court (Pusdik MK) 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 the third day on Wednesday, September 22, 2021, 99 participants from APHTN-HAN and the Constitutional Court listened to presentations on “Harmonizing the Legislation” by the Director for the Harmonization of Laws and Regulations Unan Pribadi, on “Academic Text Drafting Technique” by the Head of the National Law Planning Center (BPHN) Djoko Pudjirahardjo, on “Legal Drafting Technique Part I” by Chief Designer of the Law and Human Rights Ministry’s Research and Development Unit Imam Santoso, and “Legal Drafting Technique Part II” by BPHN’s Head of Economy, Finance, Industry, Trade, and Infrastructure Reza Fikri Febriansyah.

In his presentation on “Harmonizing the Legislation,” Unan Pribadi said during legal drafting of legislative bills (RPUU), drafters must be involved in harmonizing legislation as a formal requirement based on Law No. 15 of 2019. He explained that chronologically, the harmonization stages of legislative bills start with a proposal by the sponsor, i.e. minister or secretary-general on behalf of the minister. Then, administrative assessment is carried out regarding academic texts, the urgency of the main ideas, conceptual analysis, harmonization meeting, initial approval, and delivery of the results.

“The aspect to harmonize is the concept of the substance and drafting technique of laws and regulations,” Unan explained alongside moderator Vieta Cornelis, law lecturer of Dr. Soetomo University.

Time was allotted for participants to discuss the presentation. Benyamin asked why laws and regulations still overlap. Unan answered by saying that when harmonizing laws and regulations, the hierarchy of legislation must be considered. He admitted that, for example, when the Shipping Law was drafted, there was silo mentality, resulting in clashes and long discussions. Therefore, disharmony among laws and regulations still exists.

Quality of Legislation

In his presentation on “Academic Text Drafting Technique,” the Head of BPHN Djoko Pudjirahardjo said that a lack of review and research impacts the quality of legislative bills. Academic texts are often used as a prerequisite to legislative bills when they are actually crucial, especially to portray the issues, target conditions, solutions, and stakeholders related to the bills. They must also contain philosophical, sociological, and juridical foundations.

Having a philosophical foundation means that an academic text must contain legal ideals according to Pancasila and the 1945 Constitution. As such, Djoko said, it must have a vision that reflects Indonesian characteristics. However, legislative bills are often short-termed. Having a sociological foundation means that an academic text portrays society’s real conditions effectively.

“Academic texts are expected to generate legislative bills that meet society’s needs,” said Djoko alongside moderator Dri Utari Christina Rachmawati, constitutional law lecturer from Airlangga University.

Djoko then talked about public participation in the preparation of academic texts. Researchers, academics, and practitioners will be involved in a team to work on the substance of the academic text alongside relevant officials or policy implementers. “With the fulfillment of these requirements, hopefully the academic texts can be accounted for, along with input from members of this team, which can provide other perspectives,” he explained.

The bimtek is taking place for five days on Monday-Friday, September 20-24, 2021. The participants will be listening to presentations by legal drafting experts. They will also practice legal drafting in 16 groups and present their results in 8 groups at the end of the program.

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

Translation uploaded on 9/29/2021 16:09 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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