Client Newsflash

Law on Legislative Drafting Amended

On October 2, 2019, Law No. 15 of 2019 (“Law 15”) was issued to amend several provisions of Law No. 12 of 2011 dated August 12, 2011 on Legislative Drafting (“Law 12”). Law 15 addresses several issues for the betterment of the legislative drafting mechanism starting from the planning up to the monitoring and review levels.

 The amendments incorporated in Law 15 consist of the following aspects:

  1. the inclusion of the Regional Representative Council (Dewan Perwakilan Daerah or “DPD”) in carrying out the drafting of National Legislation Program (Program Legislasi Nasional or “Prolegnas”);
  2. the formation of a ministry or a government institution specifically for Legislative Drafting;
  3. the carrying forward of unfinished Draft Legislation to the People’s Representative Council (Dewan Perwakilan Rakyat or “DPR”) members of the following term; and
  4. the introduction of monitoring and review of legislatio

♦  DPD to Carry Out Drafting of Prolegnas

Pursuant to Article 20(1) of Law 12 (as amended by Law 15), the drafting of Prolegnas shall be carried out by DPR, DPD, and the Government. Previously, the drafting of Prolegnas was only carried out by DPR and the Government. With this amendment, the DPD is included as the regional representative in the drafting of laws.

♦  New Institution to be Formed for Legislation Drafting

Previously, Law 12 stipulated that the Government function in the drafting of Prolegnas shall be carried out by the minister who carries out government affairs in law. Under Law 15, this function will be carried out by the minister or the head of the government institution that carries out the government affairs in legislative drafting.

In this regard, Law 15 provides that until such ministry or institution is established, legislative drafting duties and functions shall be carried out by the minister who carries out government affairs in law of the Minister of Law and Human Rights.

♦  Unfinished Draft Legislation to be Carried Forward

Law 15 adds an article in Law 12 that regulates that when a discussion of a Draft Legislation is not yet finished in a period of DPR membership but it has reached the stage of the Problem Inventory List (Daftar Inventarisasi Masalah), the result of the discussion shall be delivered to the following period of DPR membership. Following such delivery, by the approval of DPR, the President, and/or DPD, the Draft Legislation may be included in the medium-term Prolegnas and/or yearly priority Prolegnas.

♦  Monitoring and Review of Laws

Specifically for laws (undang-undang), Law 15 provides that laws that are in effect shall be monitored and reviewed by DPR, DPD, and the Government. The result of the monitoring and review may be used as a proposal for the drafting of Prolegnas in the future. Further provisions on monitoring and review of laws shall be further regulated under a DPR Regulation, DPD Regulation, and Presidential Regulation.

November 11, 2019

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