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Komitmen The Indonesian government is highly committed to
attract trade and investment in Indonesia.
Regulatory reform is a key to implement such commitment. Towards a good regulatory, we need support from any elements both in superstructure
and infrastructure level.
Indonesia recognize hierarchy of legislation, it should not only as a formal requirements, but it should be
implemented in the process for creating and evaluating regulations in order to achieve consistent
regulations. We realize there are still many complaints from economic actors since regulations give a burden
for their business and its content is inconsistency to each others.
All of this caused mostly by the persistence of the ego-sectorial.
EXISTING LAW
IDEAL
LAW
1. Hyper-regulated
2. Disharmonize
3. Multi interpreting
4. Ineffective
5. High Cost
1. stream/ simple
2. Harmonize
3. Clear
4. effective
5. efficient
Law No 12/2011 on Formulation of Laws and
Regulations
Presidential Regulation No.
87/2014
The principles (art. 5)
• Is the objective of a regulation clearly defined?
• What is the appropriate level of government for forming a regulation?;
• Does the regulation compatible with the other regulation regarding types, hierarchies, and substance?;
• Can the regulations be implemented?;
• Can the regulations be effectived?;
• Does the regulation has been clearly formulated?
• Does the (making of) regulation transparent?
STRATEGY OF GRP IN INDONESIA
S T R A
T E G I E S
to implement good regulatory practices to help overarching strategic aims for ASEAN.
BPHN has made efforts to improve and strengthen the quality of the law and regulations, such as: 1. Evaluation and elimination of problematic
regulations; 2. Strengthening harmonization of the
formulation of laws and regulations; 3. Deregulating and simplifying regulations; 4. Integrating data on Law and regulations
using a software program created by NLDA.
to improved investment climate,
enhanced trade facilitation, and
increased productivity among others
REGULATORY MAKING PROCESS
I • Planning
II • Drafting
III • Discussing
IV • Validating
V • Promulgating
Regulation
• Evaluating VI
to enhance engagment with private sector as well as other stakeholder to improve the transparancy and synergies of governmnet policies
BPHN conducted a public consultation mechanism at each stage of the law making process.
Public consultation was conducted through FGD, involving an expert, the stakeholders and the public sector. In addition, we also held public consultations through our website. People can give feedback regarding the draft law, the academic draft and the existing law that should be revised via the website (www.bphn.go.id)
ENGAGMENT WITH PRIVATE SECTOR THE PRACTICE OF PUBLIC CONSULTATION
ON PROCESS OF LEGISLATION IN INDONESIA
Data and
information
searching is one
of the most
important thing for
internet user
interest
1998-2015
Internet user
increase rapidly
in Indonesia
Good regulatory
practice (GRP)
processes
systems tools and methods
SOCIAL JUSTICE
GOAL
DEMOCRACY
PROCEDURE
UNITY
MODEL
RELIGIOUS AND HUMANITY
VALUE
Evaluation and elimination of problematic regulations conducted by “leveling” task force and classified by 4 sectors:
EVALUATION
SECTORS
ECONOMIC
NATURAL RESOURCES
AND ENVIRONMENT
SOCIAL AND CULTURAL
POLITIC, DEFENCE AND
SECURITY
systems Good
regulatory practice
(GRP)
processes
systems
tools and methods
TASK FORCE
NATIONAL TASK
FORCE
LOCAL TASK
FORCE
SECTORAL TASK
FORCE
ANALYST
PUBLIC OFFICER
ACADEMICS
RESEARCHER
PROFESSIONAL
Evaluation and elimination of problematic regulations conducted by 5D method:
EVALUATION
5 D
The conformity between types, hierarchy, and
the substance of legislation
Clarify of the formulation of
the provisions of legislation
Assessment of substance of
legislation
Potential disharmony of provisions of
legislation
The effectiveness of the
implementation of legislation
tools and methods Good
regulatory practice
(GRP)
processes
systems
tools and methods
REVOKE (repealed)
AMANDEMENT
(revise/modified)
MAINTENANCE
(expanded)
RECOMENDATIONS
SIMP
LIFICATIO
N
(streamlin
ed)
GRP ASEAN
Evaluation as one of process of legislating system
EVALUATION Good regulatory practice
(GRP)
processes
systems
tools and methods processes
Good regulatory
practice (GRP)
processes
systems
tools and methods
for improving the quality of regulations
Incorporating “evaluation of law” (Legislation) as a part/phase in the law making process in the revisions of Law No. 12 Year 2011Evaluation of Law (Existing Legislations) is meant to generate recommendation whether one legislation are needed to be revised, revoked or will remain in effect (on progress). This recommendation will be crucial as a basis or input for relevant ministries/government institutions in the National Legislation Program stage (planning stage of law making process).
House (136 bills), Regional (85 bills), executive (84 bills)
160 Bills for
a five –years jointly approved
Presentation &
Comments
0
Ministries/ institutions propose the regulation
needed (draft of bill, letter)
BPHN
Proposal = 110
Planning of regulations
(a five-year)
Planning of regulations
For the priority in 2017
Criterias/ requirements: • Academic draft • Draft of bill • Meeting with others M/I and stakeholders • Harmonization
Comments Criterias/ requirements: • Academic
draft • Draft of bill
Committee Regulation
Yes No
Use the principles
Use the same
criteria
Ministry of Law President Parliamentt
Joint Meeting Stakeholders
meeting
Priority 2017 = 50 bills
The Process of Planning Regulations (Executive Branch) based on Presidential Regulation No. 87/2014
Final = 84 proposals
1
2
3
4
5
6 7 8
9
OPPORTUNITIES
EKONOMI
MANFAAT
EFISIENSI
KEADILAN
KESEJAHTERAAN MASYARAKAT
ECONOMY
BENEFIT
EFFICIENCY
JUSTICE
SOCIAL WELFARE
LAW metric
Publication of Regulations in Indonesia
Developing
single authority on managing publication of regulations
Law/ Government Regulations in Lieu of Laws
DATA INTEGRATING
SYSTEM
Government Regulations
Presidential Regulations
Ministry Regulations
Regency/Municipality Regulations
Provincial Regulations
Non Ministry Regulations
Law Government Regualtions
Presidential Regulations
Presidential Decicions
Presidential Instructions Government
Regulations in Lieu of Laws
Promoting single portal:
single authority http://www.jdihn.bphn.go.id/
www.sipuu.setkab.go.id
www.jdihn.id www.peraturan.go.id
TYPE OF REGULATION
1.613 4.290 4.742 1.664 350
174
www.setneg.go.id