Supriansa testifying on behalf of the House of Representatives (DPR) member of Commission III on the Law, Human Rights, and Security at the judicial review hearing of the Lawmaking Law, Thursday (9/8/2022). Photo by MKRI/Panji.

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Thursday, September 8, 2022 | 16:13 WIB

JAKARTA (MKRI)—In order to strive for regulatory arrangements in Indonesia and carry out the responsibilities of the Government as stated in the Constitutional Court Decision No. 91/PUU-XVIII/2020 and taking into account the principles of establishing good laws and regulations, the second amendment to the Lawmaking Law would be necessary, said Supriansa, a member of the House of Representatives (DPR) Commission III (Law, Human Rights, and Security), when testifying at the fifth judicial review hearing of Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on the Formation of Legislation (Lawmaking/P3 Law) for case No. 69/PUU-XX/2022 in the Constitutional Court (MK) on Thursday, September 8, 2022.

Supriansa explained that the previous law had stipulated provisions on the lawmaking procedure electronically, more meaningful openness and public participation, the utilization of functional positions related to lawmaking, and improvements to the technique of preparing academic texts and laws and regulations. Therefore, the lawmaking substance of the Lawmaking Law in this case has provided legal certainty.

It contains arrangements for the omnibus method to guarantee legal certainty, revision of non-substantial technical errors, meaningful public involvement and participation, electronic formation process, a change in the support system from researchers to legislative analysts, legal analysts as additional support system, refinement of the technique of preparing academic texts, and refinement of lawmaking technique, Supriansa argued.

“Thus, through Law No. 13 of 2022, the Government has made improvements to Law No. 12 of 2011 jo. Law No. 15 of 2019 as part of the implementation of the Constitutional Court Decision No. 91/PUU-XVIII/2020,” he explained at the virtual plenary hearing led by Chief Justice Anwar Usman alongside the other eight constitutional justices.

Legally Groundless

In response to the Petitioners’ allegation that the formation of the Lawmaking Law violated the principle of openness, the House declared it legally groundless. It argued that the Petitioners could access the process on the House’s website, social media accounts, and TV programs. There was also public access to download the initial draft of the academic text and the bill of the second amendment to the a quo Law through the Lawmaking Center of the House’s Expertise Agency. In addition, Supriansa explained, the public could also participate through Public Participation in Lawmaking (SIMAS PUU).

“Based on this explanation, the Petitioners’ arguments in general have no legal basis so they cannot be used as an excuse to declare the Lawmaking Law formally flawed. The law is constitutionally in accordance with the procedure for establishing good and appropriate laws and regulations and has no formal defects,” Supriansa said. 

Also read:

Lawmaking Law Challenged by Labor Party for Alleged Potential to Revive Job Creation Law 

Labor Party Focuses on Formal Petition Against Lawmaking Law 

Petitioners’ Signatures’ Authenticity Checked in Formal Case Against Lawmaking Law

Govt Responds to Labor Party’s Allegations on Lawmaking Law 

The case No. 69/PUU-XX/2022 was filed by the Labor Party, represented by president Said Iqbal and secretary-general Ferri Nurzali, as well as Ramidi, Riden Hatam Aziz, R. Abdullah, Agus Ruli Ardiansyah, Ilhamsyah, Sunandar, Didi Suprijadi, and Hendrik Hutagalung. At the preliminary hearing on Thursday, July 14, Said Iqbal argued that the enactment of the Lawmaking Law could ‘revive’ Law No. 11 of 2020 on Job Creation, which Court had declared formally defective. Therefore, they felt the need to ensure the Lawmaking Law, which would be used as an entryway to discussing the Job Creation Law, be declared invalid by the Constitutional Court.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/12/2022 12:16 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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