Indonesia’s National Legislation Program 2015-2019: Realistic, a Working Progress

February 9, 2015, the House of Representative (“The House”) has determined National Legislation Program (“Prolegnas”) for 2015-2019 and Prolegnas Priority 2015. Such a minimalist number in amount finally agreed after an intensive discussion between the House which is represented by Legislation Council (Baleg) as the Coordinator for Prolegnas in The House, the Government, represented and coordinated by the Ministry of Law and Human Rights, and (for the first time) the Regional Representatives (“DPD”). 159 Drafts Law determined as Prolegnas 2015-2019, while 39 Drafts Law determined as Priority for 2015.

The engagement of DPD in Prolegnas discussion was positively considered as an acknowledgement of the verdict of Constitutional Court (Verdict Number 92/PUU-X/2012). Originally, the DPD has the authority to initiate draft Law in relation to specific matters which among other things are about reginal autonomy, relationship between central and local government, the establishment of new autonomy region, etc. This “new” tradition hopefully can boost legislative performance in the Prolegnas realialisation.

To be in the Prolegnas, either annual or long list 2015-2019, a proposed of Draft of Law shall be equipped with the academic paper, the draft of Law, description concept, and urgency confirmation. By these tight requirements, the government, the People’s Representatives Council and the DPD obviously trying hard to be realistic in fulfilling the legal vacuum and the need of law in the society as well as fixing bad image. The total of 159 drafts of law for Prolegnas 2015-2019 is less than the target number of the House at the previous period which is targeted more than 200 drafts of law. Although in the current period there is no such thing as ‘luncuran’ (the draft law which carry over from previous period), however the House, the Government, as weel as the DPD have agreed putting priorities to the draft Law which are already in the Stage 1 and Stage 2 discussion, such as Draft of Law of Indonesian Criminal Code and Indonesian Procedural Law.

Prolegnas 2015 also making priorities for drafts law in economic sector, such as the revision of Law on Prohibition of Monopolistic Practice and Unfair Business Competition and revision of Law on Banking, bearing in mind the fact that Indonesia is entering ASEAN Economic Community 2015.

A realistic and down to earth Prolegnas should be appreciated. However, consistency and persistency of all parties, especially the coordination with government representatives during the discussion also becomes key factor in the realization the national legislation. Political polarization would have “enriched” dynamics of the discussion not to mention that the working period of the The People’s Representatives Council will have more recess period.

Share on facebook
Share on google
Share on twitter
Share on linkedin
Share on pinterest

© 2018. Maulana and Partners | Indonesian Law Firm