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ACADEMIC DOCUMENTS PREPARATION TECHNIQUE OF LAW DRAFT, DRAFT OF PROVINCE REGULATION, AND DRAFT OF REGENCY/MUNICIPALITY REGULATION
1. Academic Documents are the documents result of research or study of law and other research result on a certain issue that has scientifically responsibility on the preparation of that problems in a Law Draft, Draft of Province Regulation, Draft of Regency/Municipality Regulation, as a solution to the law problems and needs of the community.
2. Systematic of Academic Documents are as follows:
TITLE
FOREWORD
TABLE OF CONTENTS
CHAPTER I INTRODUCTION
CHAPTER II THE THEORETICAL STUDY AND EMPIRICAL PRACTICE
CHAPTER III EVALUATION AND ANALYSIS OF RELATED RULES
CHAPTER IV PHILOSOPHICAL, SOCIOLOGICAL, AND JURIDICIAL BASIS
CHAPTER V SCOPE, DIRECTION SETTING, AND SCOPE OF CONTENTS OF THE LAW, PROVINCE REGULATION, OR REGENCY/MUNICIPALITY REGULATION
CHAPTER VI CLOSING
REFERENCES
ATTACHMENT: DRAFT OF RULES
A brief description of each section:
1. CHAPTER I INTRODUCTION
Introduction contains background, target that will be realized, the identification of problems, objectives and functions, as well as research methods.
A. Background
Background contains the thinking and reasons for the necessity of preparation of the Academic Documents as a reference to make Law Draft or the preparation of certain Draft of Regional Regulation. Background explains why the preparation of Law Draft or Draft of the Regional Regulation of Rules require an in depth and comprehensive study of the theory or scientific thinking related to the substance of Law Draft or a draft of the Regional Regulation will be formed. The scientific thinking leads to the preparation of philosophical, sociological and juridical arguments to support the need or no need for preparation of the Law Draft or a draft of the Regional Regulation.
B. Identification of Problems
Identification of the problem has formulation of the problem will be found and described in the Academic Documents. Basically the identification of problems in an Academic Documents includes 4 (four) points, which are as follows:
1) Problems encountered in the life of the nation, state, and society and how these problems can be solved.
2) Why should Law Draft or a draft of the Regional Regulation as a basis for solving such problems, it means the inclusion of country in solving the problem.
3) What are the considerations or the philosophical, sociological, juridical basis to prepare Law Draft or Draft of Regional Regulation.
4) What target will be realized, setting the scope, range, and direction setting.
C. Objectives and Purpose of Academic Documents Preparation Activities
In accordance with the scope of the identification of problems above, the purpose of preparation of the Academic Documents formulated as follows:
1) Formulate the problems found in the life of the nation, state, and society as well as ways to solve these problems.
2) Formulate the law problems found as the reason for the preparation of Law Draft or Draft of Regional Regulation as the legal basis for the settlemenbodylution of problems in the life of the nation, state, and society.
3) Formulate a judgment or philosophical, sociological, juridical basis for preparation of Law Draft or Draft of Regional Regulation.
4) Formulate target that will be realized, scope of setting, range, and the direction of preparations of Law Draft or a Draft of the Regional Regulation.
Meanwhile, the function of Academic Documents preparation is as a reference for preparation and discussion of Law Draft or a Draft of Regional Regulation.
D. Method
Academic Documents preparation basically is a research activities so use the method of preparation of the Academic Documents based on methods of legal research or other studies. Legal research can be done through legal methods of juridical normative and juridical empirical methods. Juridical empirical method also known as socio-legal research. Normative juridical methods conducted through a literature review that study (mainly) secondary data in the form of Rules, court decisions, agreements, contracts, or other legal documents, as well as research results, results of assessment, and other references. Normative juridical methods can be supplemented with interviews, focus group discussion, and a hearing. Sociologic juridical empirical or socio-legal method is the research that begins with a normative study or review of the Rules (normative), followed by an in-depth observation and dissemination of a questionnaire to obtain non law factors data related and the effect on the Rules under investigation.
2. CHAPTER II THE THEORETICAL STUDY AND EMPIRICAL PRACTICE
This chapter contains a description of the substances that has characteristics of theoretical, principles, practices, development of thinking, as well as the implications of social, political, and economic, state financial of regulation in a Law, Province Regulation, or Regency/Municipality Regulation.
This chapter shall be described in sub-chapters as follows:
A. Theoretical studies.
B. Study of the principles/principles relating to the preparation of the norm.
Analysis of the determination of these principles are also considering various aspects of the lives that will be associated with Rules will be made, result of research.
C. Study of the implementation practices, existing conditions, as well as the problems found by society.
D. Study of the implications of new systems that will be regulated in Law or Regional Regulation on aspects of society live and its impact on aspects of the financial burden of the state.
3. CHAPTER III EVALUATION AND ANALYSIS OF RELATED RULES
This chapter contains the results of the study of the relevant Rules which contain the conditions of existing law, relation of new Law and Regional Regulations with other Rules, harmonization of vertically and horizontally, as well as the status of the existing Rules, including the Rules are revoked and declared null and void as well as Rules are still in effect because it does not conflict with the new Law or Regional Regulation.
This study of the Rules is intended to determine the condition of the law or the rules governing the substance or material that will be set. In this study will note the position of new Law or Regional Regulation. This analysis can describe the level of synchronization, harmonization of the existing Rules and the position of Law and Regional Regulation to avoid overlapping regulation. The results of this explanation or description become input for the preparation of the philosophical and juridical basis of formation of Law, Province Regulation, or Regency/Municipality Regulation.
4. CHAPTER IV PHILOSPHICAL, SOCIOLOGICAL, AND JURIDIAL BASIS
A. Philosophical Basis
A philosophical basis is considerations or reasons that describe the rules are established by consider the views of life, consciousness, and ideals of law which includes the deep heart and philosophy of Indonesian People sourced from Pancasila and Preamble of Constitution of the Republic of Indonesia of 1945.
B. Sociological basis.
Sociological basis is consideration or reason that illustrates the rules are established to meet the needs of the community in many aspects.
Sociological basis in fact related to the empirical fact on the development problems and needs of society and state.
C. Juridical basis.
Juridical basis is consideration or reasons that illustrate the rules are established to solve legal issues or to fill the legal vacuum by considering the existing rules, which will be changed, or that will be revoked to ensure legal certainty and a sense of community justice. Juridical basis concerning legal issues related to the substance or subject that is governed so it is necessary to form the new Rule. Some legal issues, among others, outdated regulations, regulations are not harmonized or overlapping, types of regulation that is lower than the Law so has the weak force, the regulations are already exist but not sufficient, or the regulation did not exist.
5. CHAPTER V SCOPE, DIRECTION SETTING, AND SCOPE OF CONTENTS OF THE LAW, PROVINCE REGULATION, OR REGENCY/MUNICIPALITY REGULATION
Academic documents has function for directing the scope of the substance of Law Draft, Draft of Province Regulation, or Draft of Regency/Municipality Regulation will be established. In this chapter, before describe the scope of the substance, will be formulated target, direction and range settings be realized.
The substance is based on the description that have been raised in previous chapters. Furthermore the scope of the substance basically includes:
A. general provisions contains the academic formulation of understanding of the term, and phrases;
B. substances will be regulated;
C. sanction provision; and
D. transitional provision.
6. CHAPTER VI CLOSING
Closing chapter consists of sections of conclusion and suggestion.
A. Conclusion
Conclusion covers the main ideas associated with the practice of the organization, the elaboration theory, and principles that have been described in previous chapters.
B. Suggestion
Suggestions include, among others:
1. The necessity of grouping substances in Academic Documents in Rules or Regulations under them.
2. Recommendation Concerning the priority scale of preparation of Law Draft/Draft of Regional Regulation in the National Legislation Program/Regional Legislation Program.
3. Other activities necessary to support the improvement of next preparation of Academic Documents.
7. REFERENCES
Reference includes books, Regulations, and journals that become sources of Academic Documents preparation substances.
8. ATTACHMENT
DRAFT OF RULES
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed.
DR. H. SUSILO BAMBANG YUDHOYONO
ATTACHMENT II
LAW OF THE REPUBLIC OF INDONESIA
No. 12 OF 2011
CONCERNING
MAKING RULES
TECHNIQUE TO PREPARE RULES
SYSTEMATICS
CHAPTER I THE FRAMEWORK OF RULE
A. TITLE
B. OPENING
1. By The Grace Of Almighty God phrase
2. The Former Position Of Rule Maker
3. Consideration
4. Legal Basis
5. Dictum
C. BODY
1. General Provisions
2. Basic substances are regulated
3. Criminal provisions (if required)
4. Transitional provisions (if required)
5. Closing Provision
D. CLOSING
E. EXPLANATION (if required)
F. ATTACHMENT (if required)
CHAPTER II SPECIAL THINGS
A. DELEGATION OF AUTHORITY
B. INVESTIGATION
C. REVOCATION
D. AMENDMENT TO THE LAW
E. DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW BECOMES LAW
F. RATIFICATION OF INTERNATIONAL AGREEMENT
CHAPTER III VARIATION OF RULES
A. LANGUAGE OF RULES
B. CHOICE OF WORDS OR TERMS
C. REFERRING TECHNIQUE
CHAPTER IV OF FORMAT OF DRAFT REGULATIONS
A. FORMAT OF LAW DRAFT IN GENERAL
B. FORMAT OF LAW DRAFT OF DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW BECOMES LAW
C. FORMAT OF LAW DRAFT OF RATIFICATION OF INTERNATIONAL AGREEMENT THAT DOES NOT USE INDONESIAN LANGUAGE AS ONE OF OFFICIAL LANGUAGES
D. FORMAT OF LAW DRAFT OF AMENDMENT LAW
E. FORMAT OF LAW DRAFT OF REVOCATION LAW
F. FORMAT OF LAW DRAFT OF REVOCATION GOVERNMENT REGULATION IN LIEU OF LAW
G. FORMAT OF DRAFT OF GOVERNMENT REGULATION IN LIEU OF LAW
H. FORMAT OF DRAFT OF GOVERNMENT REGULATION
I. FORMAT OF DRAFT OF PRESIDENTIAL REGULATION
J. FORMAT OF DRAFT OF MINISTERIAL REGULATION
K. FORMAT OF DRAFT OF PROVINCE REGULATION
L. FORMAT OF DRAFT OF REGENCY/MUNICIPALITY REGULATION
CHAPTER I
THE FRAMEWORK OF RULE
1. Framework of Rule consists of:
A. Title;
B. Opening;
C. Body;
D. Closing;
E. Explanation (if required);
F. Attachments (if required).
A. TITLE
2. Rule title contains information on the types, numbers, or the year of promulgation or determination, and name of Rule.
3. Name of Rule shall be made short by using only 1 (one) word or phrase but its meaning essentially reflect the contents of Rule.
Examples of using the name of the Regulations 1 (one) word:
- Patent;
- Foundation;
- Electricity.
Example name of Regulations which uses the phrase:
- Freedom to Express Opinion in Public;
- Local Taxes and Levies;
- Flag, Language, and the Emblem of State and Anthem.
4. Rule title is written entirely in capital letters placed in the middle of the margin with no ending punctuation.
For example:
a. LAW OF THE REPUBLIC OF INDONESIA
No. 6 OF 2011
CONCERNING
IMMIGRATION
b. REGIONAL REGULATION OF PROVINCE OF JAKARTA SPECIAL AREA
No. 8 OF 2007
CONCERNING
PUBLIC ORDER
c. ACEH JAYA REGENCY QANUN
No. 2 OF 2010
CONCERNING
ADMINISTRATIVE ORGANIZATION OF POPULATION
d. REGIONAL REGULATION OF PROVINCE PAPUA
No. 5 OF 2010
CONCERNING
THE PROTOCOLER POSITION OF LEADER AND MEMBERS OF THE PAPUA PEOPLE COUNCIL
e. REGIONAL REGULATION OF PAPUA PROVINCE SPECIAL AREA
No. 23 OF 2008
CONCERNING
RIGHTS OF CUSTOMARY LAW PEOPLE AND INDIVIDUAL RIGHTS OF CUSTOMARY LAW COMMUNITY ON THE LAND
5. Rule Title should not be added with the abbreviation or acronym.
Examples of inappropriate to add the abbreviation:
a. LAW OF THE REPUBLIC OF INDONESIA
No. ... OF ...
CONCERNING
STATE BUDGET REVENUES AND EXPENDITURES (APBN)
b. REGIONAL REGULATION OF PEKANBARU MUNICIPALITY
No. 9 OF 2005
CONCERNING
DISTRICT COMMUNITY INSTITUTIONS (LPMK)
Inappropriate examples using the acronym:
REGULATION OF ... REGENCY
No. ... OF ...
CONCERNING
PREPARATION OF REGIONAL LEGISLATION PROGRAMS (PROLEGDA)
6. In the name of amendment Rule added the 'amendment to' phrase before the title of amended Rule.
For example:
a. LAW OF THE REPUBLIC OF INDONESIA
No. 2 OF 2011
CONCERNING
AMENDMENT TO THE LAW No. 2 OF 2008 CONCERNING POLITICAL PARTY
b. REGIONAL REGULATION OF JAYAPURA REGENCY
No. 14 OF 2009
CONCERNING
AMENDMENT TO THE REGIONAL REGULATION No. 2 OF 2007 CONCERNING PRINCIPLES OF REGIONAL FINANCIAL MANAGEMENT
7. If the Rule has been amended more than 1 (once), between in the 'amendment' word and 'to' word is inserted information that shows how many times the amendments have been made, without detailing the previous amendment.
For example:
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 21 OF 2007
CONCERNING
THIRD AMENDMENT TO THE GOVERNMENT REGULATION No. 24 OF 2004 CONCERNING THE PROTOCOLER POSITION AND FINANCIAL OF MEMBERS OF REGIONAL HOUSE OF REPRESENTATIVES
Example of Regional Regulation:
REGIONAL REGULATION OF SOUTHEAST MINAHASA REGENCY
No. 3 OF 2011
CONCERNING
SECOND AMENDMENT TO THE REGIONAL REGULATION No. 6 OF 2007 CONCERNING ORGANIZATION STRUCTURE AND PROCEDURES OF SOUTHEAST MINAHASA REGENCY
8. If the Rule is amended has a short name, amendment Rule can use short name of amended Rule.
9. In the name of revocation Rule is added 'revocation' words in front of the title of revoked Rule.
For example:
LAW OF THE REPUBLIC OF INDONESIA
No. 3 OF 2010
CONCERNING
REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. 4 OF 2009 CONCERNING AMENDMENT TO THE LAW No. 30 OF 2002 CONCERNING CORRUPTION ERADICATION COMMISSION
Example of Regional Regulation:
REGIONAL REGULATION OF SOUTH KALIMANTAN PROVINCE
No. 4 OF 2010
CONCERNING
REVOCATION OF REGIONAL REGULATION OF SOUTH KALIMANTAN PROVINCE No. 4 OF 2003 CONCERNING LEVIES OF ROUTE PERMIT AND SPECIAL TRANSPORTATION PERMIT IN THE WATERS OF INTER REGENCY OR MUNICIPALITY
10. In the Name of Government Regulation In Lieu of Law (Perpu) that is determined becomes Law, added the 'determination' word in front of the title of Rule which is determined and ending with 'become Law' phrase.
For example:
LAW OF THE REPUBLIC OF INDONESIA
No. 15 OF 2003
CONCERNING
DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. 1 OF 2002 CONCERNING COMBATING TERRORISM CRIMINAL ACTS BECOME LAW
11. In the name of Rule ratification of international treaties or agreements, said the endorsement is added in front of the name of the treaty or international agreement will be ratified.
For example:
LAW No. 47 OF 2007
CONCERNING
RATIFICATION OF AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND AUSTRALIA ON THE FRAMEWORK FOR SECURITY COOPERATION
12. If in international treaty or agreement the Indonesian language is used as one of the official text, name of treaty or agreement is written in Indonesian language, followed by foreign language from the official text, written in italics and placed between parentheses.
For example:
LAW OF THE REPUBLIC OF INDONESIA
No. 4 OF 2010
CONCERNING
PENGESAHAN PERJANJIAN ANTARA REPUBLIK INDONESIA DAN REPUBLIK SINGAPURA TENTANG PENETAPAN GARIS BATAS LAUT WILAYAH KEDUA NEGARA DI BAGIAN BARAT SELAT SINGAPURA, 2009 (TREATY BETWEEN THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF SINGAPORE RELATING DELIMITATION OF THE TERRITORIAL SEAS OF THE TWO COUNTRIES IN THE WESTERN PART OF THE STRAIT OF SINGAPORE, 2009)
13. If the international treaty or agreement, the Indonesian language is not used as the official text, name of the treaty or agreement is written in English in italics, and followed by a translation in Indonesian language which is placed between parentheses.
For example:
LAW OF THE REPUBLIC OF INDONESIA
No. 5 OF 2009
CONCERNING
RATIFICATION OF UNITED NATIONS CONVENTION AGAINST CRIME TRANSITIONAL ORGANIZED CRIME (KONVENSI PERSERIKATAN BANGSA.BANGSA MENENTANG TINDAK PIDANA TRANSNASIONAL YANG TERORGANISASI)
B. OPENING
14. Opening of Rule consists of:
a. By The Grace Of Almighty God phrase;
b. The former position of Rule Maker;
c. Considerations;
d. Legal Basis; and
e. Dictum.
B.1. By The Grace Of Almighty God phrase
15. At the opening of each type of Rules before the name of the former position of Rule Maker included By The Grace Of Almighty God phrase, written entirely in capital letters placed in the center margin.
B.2. The Former Position Of Rule Maker
16. The former position of Rule maker is written entirely in capital letters placed in the center margins and end with comma.
Examples of former position of Law maker:
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Examples of former position of Province Regulation maker:
GOVERNOR OF WEST JAVA,
Examples of former position of Regency Regulation maker:
GUNUNG KIDUL REGENT,
Examples of former position of Municipality Regulation maker:
DUMAI MUNICIPAL GOVERNMENT,
B.3. Consideration
17. Consideration begins with the 'Considering' word.
18. Consideration contains a brief description of the subject matter to be considered and reasons for the formation of Rule.
19. Basic things on consideration Law, Province Regulation, or Regency/ Municipality Regulation consists philosophical, sociological, and juridical elements becomes considerations and reasons for its formation that are writing in a sequence from philosophical, sociological, and legal.
- Philosophical element describe that set up rule to consider the views of life, consciousness, and ideals of law which includes the deep heart and philosophy of Indonesia People sourced from Pancasila and Preamble of Constitution of the Republic of Indonesia of 1945.
- Sociological element illustrates that the set up rule to meet the needs of the community in many aspects.
- Juridical element describes the set up rule to solve legal issues or to fill the legal vacuum by considering the existing rules, which will be changed, or that will be revoked to ensure legal certainty and a sense of community justice.
For example:
Law No. 40 of 2007 Concerning Limited Liability Companies
Considering: a. that the national economy based on economic democracy with the principles of togetherness, efficiency with justice, sustainability, environmental friendliness, independence, and keep on balancing economic progress and national economic unity, should be supported by solid economic institutions in the framework to realize the welfare of society;
b. that in the framework to enhance the development of national economy and at also provide a solid basis for business toward world economic developments and advances in science and technology in the era of globalization in the future, it is necessary to be supported by the law that governing limited liability company that can guarantee the implementation of conducive business climate;
c. that the limited liability company as one of the pillars of the national economic development should be given a legal basis for national development that is structured as a joint effort based on the principle of the family;
d. that Law No. 1 of 1995 Concerning Limited Liability Company is deemed no longer appropriate to the development of law and society so it is necessary to be replaced by a new Law;
e. that based on consideration as intended in paragraphs a, b, c, and d it is necessary to determine Law Concerning Limited Liability Company;
For example:
Regional Regulation of Jakarta Special Capital Region Province No. 4 of 2009 concerning Regional Healthy System
Considering: a. that the degree of public health that becomes higher is a strategic investment in human resources to more productive over time;
b. that in the framework to improve the healthy of the community it is necessary healthy development with the clear boundaries of the role, functions, responsibilities, and authority accountable, fair, equitable, quality, effective and efficient;
c. that in the framework to provide direction, the basis and legal certainty to all parties involved in health development, it is necessary regulation concerning the order of implementation of health development;
20. Subject matters which simply states that Rule is necessary to set up is not appropriate because it does not reflect considerations and reasons for making this Rule. See also No. 24.
21. If considerations contains more than one subject matter, each idea is formulated in a series of sentences that have a unity of meaning.
22. Each subject matter begins with the letters of the alphabet, and formulated in one sentence that begins with the that word and end with semicolons.
For example:
Considering: a. that ...;
b. that ...;
c. that ...;
d. that ...;
23. If considerations contains more than one, the formulation of last consideration is as follows:
Example 1: Consideration of Law
Considering: a. that ...;
b. that ...;
c. that ...;
d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to stipulate Law concerning ...;
Example 2: Consideration of Regional Regulation
Considering: a. that ...;
b. that ...;
c. that ...;
d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to stipulate Regional Regulation concerning ...;
24. Government Regulation consideration just contain one consideration which contains a brief description on the need to implement the provisions of article or some articles of the Law that ordered the establishment of Government Regulation by appointing article or some articles of the Law who ordered its stipulation. See also No. 19.
For example:
Government Regulation No. 32 of 2011 concerning Management and Engineering, Impact Analysis and Requirement of Traffic Management.
Considering: that in the framework to optimize the use of the road network and traffic movement in the framework to ensure the security, safety, order, and smoothness of road traffic and transportation, as well as to implement the provisions of article 93, Article 101, Article 102 paragraph (3), Article 133 paragraph (5) and Article 136 paragraph (3) of Law No. 22 of 2009 concerning Traffic and Road Transportation, it is necessary to stipulate Government Regulation concerning Management and Engineering, Impact Analysis and Requirement of Traffic Management;
25. Presidential Regulation consideration simply load a consideration containing a brief description on the need to implement the provisions of article or some articles of the Law or Government Regulation that ordered the formation of the Presidential Regulation by appointing article or some articles of the Law or Government Regulation ordered the formation.
For example:
Presidential Regulation No. 28 of 2011 concerning Use of Protected Forest Areas for Underground Mining.
Considering: that in order to implement the provisions of article 5 paragraph (2) of Government Regulation No. 24 of 2010 concerning Use of Forest Area, it is necessary to stipulate a Presidential Regulation concerning Use of Protected Forest Areas for Underground Mining;
26. Presidential Regulation consideration to implement power of government includes elements of philosophical, sociological, and juridical that are become considerations and reasons for the stipulation of Presidential Regulation.
27. Regional Regulation consideration contain just one consideration which contains a brief description on the need to implement the provisions of article or some articles of the Law or Government Regulation that ordered the formation of Regional Regulation by appointing article or some articles of the Law or Government Regulation ordered the formation.
For example:
Regional Regulation of West Bangka Regency No. 8 of 2010 Concerning the City Forest
Considering: that in the framework to implement the provisions in article 2 of Government Regulation No. 63 of 2002 concerning the City Forest it is necessary to stipulate a Regional Regulations concerning City Forest;
B.4. Legal Basis
28. The legal basis beginning with “In view of” text.
The legal basis includes:
a. The basis authority to make Rule; and
b. Rules that order the establishment of the Regulation.
29. The legal basis for the establishment Law from DPR is Article 20 and Article 21 of Constitution of the Republic of Indonesia of 1945.
30. The legal basis for the establishment of Law from the President is Article 5 paragraph (1) and Article 20 of Constitution of the Republic of Indonesia of 1945.
31. The legal basis for the establishment of Law from DPR at the proposal of the DPD is Article 20 and Article 22D paragraph (1) of the Constitution of the Republic of Indonesia of 1945.
32. If the Constitution of the Republic of Indonesia of 1945 ordered to establish a Law, article which ordered included in the law basis.
For example:
In view of: Article 15, Article 20, and Article 21 of Constitution of the Republic of Indonesia of 1945;
That example is contained in Law No. 20 of 2009 concerning Degree, Merit, and Mark of Honor.
33. If the substances are set in the Law to be established are description of the article or articles of Constitution of the Republic of Indonesia of 1945, the articles are listed as the legal basis.
Example 1 (RUU from the DPR):
In view of: Article 20, Article 21, Article 28C paragraph (1), Article 28H paragraph (1), paragraph (2), paragraph (4), Article 33 paragraph (3), Article 34 paragraph (1), paragraph ( 2), and paragraph (3) of Constitution of the Republic of Indonesia of 1945;
That example is contained in Law No. 1 of 2011 concerning Housing and Settlement Region.
Example 2 (RUU from the President):
In view of: Article 5 paragraph (1), Article 20, Article 26 paragraph (2), and Article 28E paragraph (1) of Constitution of the Republic of Indonesia of 1945;
That example is contained in Law No. 6 of 2011 concerning Immigration.
34. The legal basis for the establishment of Government Regulation In Lieu of Law is Article 22 paragraph (1) of Constitution of the Republic of Indonesia of 1945.
35. The legal basis for the establishment of Law concerning Determination of Government Regulation In Lieu of Law Becomes law is Article 5 paragraph (1), Article 20, and Article 22 paragraph (2) of Constitution of the Republic of Indonesia of 1945.
36. The Legal basis for establishment of Law concerning Revocation of Government Regulation In Lieu of Law is Article 5 paragraph (1), Article 20, and Article 22 paragraph (3) of Constitution of the Republic of Indonesia of 1945.
37. The legal basis for the establishment of Government Regulation is Article 5 paragraph (2) of Constitution of the Republic of Indonesia of 1945.
38. The legal basis for the establishment of Presidential Regulation is Article 4 paragraph (1) of Constitution of the Republic of Indonesia of 1945.
39. The legal basis for the establishment of Regional Regulation is Article 18 paragraph (6) of Constitution of the Republic of Indonesia of 1945, the Law concerning Establishment of Regional and Law concerning Local Government.
40. If there is Regulation under the Constitution of the Republic of Indonesia of 1945 which directly orders the formation of Regulations, Regulation is listed in the legal basis.
For example:
In view of: 1. Article 5 paragraph (2) of Constitution of the Republic of Indonesia of 1945;
2. Law No. 14 of 2008 concerning Public Information (Statute Book of the Republic of Indonesia of 2008 No. 61, Supplement to Statute Book of the Republic of Indonesia No. 4846);
This example is in Government Regulation No. 61 of 2010 concerning Implementation of Law No. 14 of 2008 concerning Public Information Openness.
41. Regulations are used as the basis of the Regulations only same level or higher Regulations.
42. Regulation will be revoked by the Regulations to be formed, promulgated Regulations but has not yet officially in force, not included in the basic law.
43. If the Regulations are the legal basis more than one order of inclusion needs to consider the order for the Regulations and if the levels are same is arranged in chronological order based on the time of enactment or stipulation.
44. The legal basis is taken from the article or some articles in the Constitution of the Republic of Indonesia of 1945 is written by mentioning the article or some articles. The “Undang-Undang Dasar Negara Republik Indonesia Tahun 1945” phrase was written after the last article and both “u” letter was written with capital letter.
For example:
In view of: Article 5 paragraph (1) and Article 20 of “Undang-Undang Dasar Negara Republik Indonesia Tahun 1945”;
45. The legal basis is not the Constitution of the Republic of Indonesia of 1945 do not need to include the article, but sufficient to include the type and name of Rules without including the Republic of Indonesia phrase.
46. Writing kinds of Rules and Draft of Rules, beginning with capital letters.
For example: Law, Government Regulation, Presidential Regulation, Province Regulation and Regency/Municipality Regulation.
Law Draft, the Draft of Government Regulation, Draft of Presidential Regulation, Draft of Province Regulation and Draft of Regency/Municipality Regulation.
47. Writing Law and Government Regulation, in the legal basis should be stated the Statute Book of the Republic of Indonesia and Supplement to Statute Book of the Republic of Indonesia which is placed between parentheses.
For example:
In view of: 1. ...;
2. Law No. 6 of 2011 Concerning Immigration (Statute Book of the Republic of Indonesia of 2011 No. 52, Supplement to Statute Book of the Republic of Indonesia No. 5216);
48. Writing Presidential Regulation concerning ratification of international agreement and Presidential Regulation concerning the statement the state of danger in the basic law with the inclusion of the Statute Book of the Republic of Indonesia and Supplement to Statute Book of the Republic of Indonesia which is placed between parentheses.
49. Writing Regional Regulation in the legal basis with the inclusion of Regional Book of Provincial, District/Municipality and Supplement to the Regional Book of Province, Regency/City that is placed between parentheses.
For example:
Aceh Jaya Regency Qanun No. 3 of 2010 concerning Structure and Organization and Work Procedure of the Aceh Jaya Regency (Regional Book of Aceh Jaya Regency No. 3 of 2010, Supplement to Regional Book of Aceh Jaya Regency No. 2)
50. The legal basis from Dutch period or the Regulations issued by the Dutch Colonial Government up to the date of December 27, 1949, are written in Indonesian language translation and then the original title of the Dutch language and with years and numbers of Statute Book in italics between parentheses.
For example:
In view of: 1. ...;
2. Trading Law Book (Wetboek van Koophandel, Staatsblad 1847: 23);
51. The way of writing as intended in number 50 also apply to revocation of rules from Dutch period or issued by the Dutch Colonial Government up to the date of December 27, 1949.
52. If the legal basis contains more than one Rules, each legal basis beginning with the Arabic numerals 1, 2, 3, etc., and ends with a semicolon punctuation.
For example:
In view of: 1. ...;
2. ...;
3. ...;
B.5. Dictum
53. Dictum consists of:
a. Decides word;
b. To stipulate word; and
c. the type and name of Rule.
54. 'Decides' word is written entirely in capital letters without space between the letter and ends with a colon and placed in the center margin.
55. At Law, before the Decides word imprinted phrase of By joint approval of HOUSE OF REPERSENTATIVE OF THE REPUBLIC OF INDONESIA and PRESIDENT OF THE REPUBLIC OF INDONESIA that is placed in the center margin.
Example of Law:
By joint approval of
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
56. At the Regional Regulation, before the Decides word imprinted phrase of By joint approval of REGIONAL HOUSE OF REPRESENTATIVES OF ... (name of area) and GOVERNOR/REGENT/MUNICIPAL GOVERNMENT OF ... (name of area), which is written entirely in capital letters and placed at the center margin.
For example:
Regional Regulation
By joint approval of
WEST JAVA REGIONAL HOUSE OF REPRESENTATIVES
and
WEST JAVA GOVERNOR
DECIDES:
57. 'To stipulate' words are placed after 'Decides' word which equated to the bottom with the 'Considering' and 'In view of' words.
First letter of 'To stipulate' is written in capital letter and ended with a colon.
58. The type and name listed in the title of Rules is listed again after the 'To stipulate' words without the 'Republic of Indonesia' phrase, and is written entirely in capital letters and end with a point.
For example:
DECIDES:
To stipulate: LAW CONCERNING FISCAL BALANCE BETWEEN CENTRAL AND LOCAL GOVERNMENT.
59. The type and name listed in the title of Regional Regulation is listed again after the 'To stipulate' words without phrase of Province, Regency/Municipality, and is written entirely in capital letters and end with a point.
For example:
DECIDES:
To stipulate: REGIONAL REGULATION CONCERNING BUILDING PERMIT.
60. Opening of Regulations of the central level is lower than the Law, among others, Government Regulations, Presidential Regulation, Rules of the House of Representatives, Regulation of the People's Consultative Council, Regulation of Regional Representative Council, Bank Indonesia Regulation, Ministerial Regulations, and official regulations are equivalent, mutatis mutandis guided by the opening of the Law.
C. BODY
61. The body of the Regulations contains all the substance of the Regulations are formulated in the article or several articles.
62. In general, the substance in the body is grouped into:
a. general provisions;
b. subjects are regulated;
c. criminal provisions (if required);
d. transitional provision (if required); and
e. closing provisions.
63. The grouping of the substance is formulated in accordance with the substance equality, and if there is a necessary substance but can not be grouped within the existing preparation, the material contained in other provision chapter.
64. The substance in the form of administrative sanctions or civil penalties for violations of norms are formulated into a single part (chapters) with the norms of administrative sanctions or civil penalties.
65. If the norms that provide administrative or civil sanctions contained more than one article, administrative sanctions or civil penalties are formulated in the last article of that (article) part. Thus no provision sanction formulate the contained criminal sanctions, civil penalties, and administrative sanctions together in one chapter.
66. Administrative sanctions may include, among other things, revocation of license, stopping, supervision, temporary suspension, administrative penalties, or the police force. Civil and criminal sanctions may include, among other compensation of lost.
67. Grouping of Rules substance can be arranged systematically in the book, chapters, sections, and paragraphs.
68. If the Rules has the very wide substance and has many chapters, article, or some articles can be grouped into: books (if it is a codification), chapters, sections, and paragraphs.
69. Grouping of the substance of the books, chapters, sections, and paragraphs based on similarity of material.
70. The order of grouping are as follows:
a. chapter with article or articles without sections and paragraphs;
b. chapters with several sections and article or article without paragraph, or
c. chapters with sections and paragraphs that contain article or several articles.
71. Book be numbered with the numbers and titles written entirely in capital letters.
For example:
BOOK THREE
ENGAGEMENT
72. Chapter be numbered with Roman numerals and title of the chapter title is written entirely in capital letters.
For example:
CHAPTER I
GENERAL PROVISIONS
73. Section be numbered with the numbers written with letters and given the title.
74. Initial letter of the word, the number, and every word in the title written in capital letters, except the initial letter of particles that is not located at the beginning of phrases.
For example:
Part One
The Composition and Position
75. Paragraphs be numbered with Arabic numerals and given a title.
76. Initial letter of the paragraph word and every word in the title of the paragraph is written with capital letters, except the initial letter of particles that are not located at the beginning of phrases.
For example:
Paragraph 1
Chairman, Vice Chairman, and Judge
77. Article is the unit that contains the rules in the Regulations contain of the norm and is formulated in one sentence arranged in short, clear, and straightforward.
78. Substance of the Rules is much better formulated in some brief and clear articles than in some articles which each article contains a lot of paragraphs, unless the substance of the contents of the article is a series that can not be separated.
79. Article be numbered with Arabic numerals and initial letter of article word is written in capital letters.
For example:
Article 3
80. Initial letter of article word that is used as the reference is written in capital letters.
For example:
Article 34
Provisions as intended in Article 20 and Article 26 does not reduce the obligation to pay compensation as intended in Article 33.
81. Article can be broken down into a few paragraphs.
82. Paragraph be numbered with Arabic numerals between parentheses without ending with punctuation point.
83. One paragraph should contain only one norm that is formulated in a whole sentence.
84. Initial letter of paragraph word that is used as a reference is written in small letters.
For example:
Article 8
(1) An application for trademark registration may be filed for 1 (one) class of goods.
(2) Application for registration of the trademark as intended in paragraph (1) states the type of goods or services that are included in that class.
85. If an article or paragraph containing details of the elements, are not only formulated in the form of sentences with details, can also be formulated in the form of tabulations.
For example:
Article 28
Indonesian Language must be used in formal speech of President, Vice President, and other state officials presented inside or outside the country.
Contents of the article can be more easily understood if formulated as follows:
Example tabulation formula:
Article 28
Indonesian Language must be used in formal speech of:
a. President;
b. Vice President; and
c. other state officials,
presented inside or outside the country.
86. Numbering in the article or paragraph in addition to using Arabic numerals followed by the words or phrases that are written between parentheses.
87. If the article or paragraph formulating a tabulation form, pay attention to the following provisions:
a. each detail must be read as a continuum with the opening phrase;
b. each detail uses small letters of the alphabet and given point punctuation;
c. each phrase with detail is beginning with small letters;
d. every detail is ended with a semicolon;
e. if the detail is divided into smaller elements, elements are written to the right;
f. behind the detail which still have further details is given colon;
g. division of the detail (with a smaller order) written in small letters of the alphabet followed by a point; Arabic numerals followed by a point; small alphabet with close parenthesis; Arabic numbers with close parenthesis, and
h. division of the detail do not exceed 4 (four) levels. If the detail exceeds 4 (four) levels, the relevant article is divided into the other article or paragraph.
88. If elements or details in tabulation is intended to be cumulative details, added 'and' word and is placed behind the second detail of the last details.
89. If the details in the tabulation is intended as an alternative, add 'or' word and is placed behind the second detail and the last detail.
90. If the details in the tabulation intended to be cumulative and alternative details, add 'and/or' word which is placed behind the second detail of the last detail.
91. And, or, and/or words no not have to be repeated at the end of each element or detail.
92. Every details are marked with the letter a, b, etc ..
For example:
Article 9
(1) ... .
(2) ...:
a. ...;
b. ...; (and, or, and/or)
c. ....
93. If the details need further details, those details are marked with Arabic numerals 1, 2, etc ..
For example:
Article 9
(1) ....
(2) ...:
a. ...;
b. ...; (and, or, and/or)
c. ...:
1. ...;
2. ...; (and, or, and/or)
3. ....
94. If any further details require a detailed breakdown, the details are marked with the letters of a), b), etc ..
For example:
Article 9
(1) ....
(2) ....
a. ...;
b. ...; (and, or, and/or)
c. ...:
1. ...;
2. ...; (and, or, and/or)
3. ...:
a) ...;
b) ..., (and, or, and/or)
c) ....
95. If any further details require a detailed breakdown, the detail is marked with numbers of 1), 2), etc ..
For example:
Article 9
....
(1) ....
(2) ...:
a. ...;
b. ...; (and, or, and/or)
c. ...:
1. ...;
2. ...; (and, or, and/or)
3. ...:
a) ...;
b) ..., (and, or, and/or)
c) ....
1) ...;
2) ..., (and, or, and/or)
3) ....
C.1. General Provisions
96. General provisions laid out in chapter one. If the Rules is not grouped in many chapters, the general provisions laid down in the initial article or some of articles.
For example:
CHAPTER I
GENERAL PROVISIONS
97. General provisions can contain more than one chapters.
98. General provisions contain:
a. limit of understanding or definition;
b. abbreviation or acronym as outlined within the limits of understanding or definition; and/or
c. other matters of a general nature applicable to the article or a subsequent article include provisions that reflect the principles, purposes, and objectives without separately formulated in the article or chapter.
Examples of limit term:
1. Minister is the Minister who conduct government affairs in the financial sector.
2. Local government is the Regent and the region administrator as a component of the Regional Administration of Mimika Regency.
Examples of definitions:
1. Spatial is the spatial aspect of an object or event that includes location, place, and position.
2. Local taxes, hereinafter referred taxes, are mandatory contributions to the Region is owed by an individual or a board that is enforceable under Law, do not get rewarded directly and used for Region purposes for the greatest welfare of the people.
Examples of abbreviations:
1. State Audit Board, hereinafter abbreviated BPK is a state agency in charge of examining the management and financial accountability as intended in the Constitution of the Republic of Indonesia of 1945.
2. Government Internal Control System, hereinafter referred to as SPIP is an organized system of internal control over the process thoroughly planning and implementation of policy and planning, budgeting, and implementation within the City of Dumai.
Examples of acronyms:
1. Health Insurance, hereinafter called as Askes is ...
2. People with HIV/AIDS, hereinafter called as ODHA are people who are already infected with HIV either at this stage there are no symptoms and have symptoms.
99. The opening phrase in the general provisions of law is read:
In this Law the meaning of:
100. The opening phrase in the general provisions of Regulations under the Law adapted to the type of regulation.
101. If the general provisions include limits understanding or definition, abbreviation or acronym is more than one, then each description is numbered with Arabic numerals and begin with a capital letter and ends with a point.
102. Words or terms contained in the general provision is only a word or term used repeatedly in the article or a subsequent articles.
103. If the formulation of the definition of the Rule is formulated again in the Rule to be established, the formulation of these definitions should be the same as the formulation of the definition in the Rule that had been enacted.
104. Formulation of limit the understanding of the Rule may vary with the formulation of other Rule as adapted to the needs associated with the substance to be regulated.
Example 1:
a. Day is calendar day (this formulation contained in Law No. 40 of 2007 Concerning Limited Liability Company).
b. Day is a day of work (this formulation contained in Law No. 27 of 2009 Concerning the People's Consultative Council, House of Representatives, Regional Representatives Council, and Regional House of Representatives).
Example 2:
a. Each person is an individual or business entity, whether legal or not legal entity (this formulation contained in Law No. 32 of 2009 concerning the Protection and Management of Environment).
b. Each person is an individual or a legal entity (Law No. 1 of 2011 concerning Housing and Settlement Area).
105. If a word or term is used only once, but a word or term is necessary for the understanding of particular chapter, section, or paragraph, that word or term is defined.
106. If a boundary meanings or definitions need to be written again in the general provisions of the implementing regulation, the formulation of meaning or definition in the implementing regulation must be equal to the formulation of meaning or definition contained in the meaning or definition of the higher regulation is implemented.
107. Due to the limitations of meanings or definitions, abbreviations, or acronyms serve to explain the meaning of a word or term, so limits of meaning or definitions, abbreviations, or acronyms do not need to be given an explanation, and therefore must be formulated with a complete and clear so as to avoid double meaning.
108. Writing the initial letter of each word or term that is defined or been defined in general provisions is written with capital letter used in a set of norms, explanations or in the Attachment.
109. The order of placement of the word or term in the general provisions is in the following format:
a. definition that governing general scope is placed in advance of the specific in scope;
b. definition that is contained in the subject matter is arranged in the order placed; and
c. definition that is concerned with understanding on the above it is placed in sequence.
C.2. Subject Matters are Regulated
110. Subject matter which set is placed directly after the general provisions chapter, and if there is no grouping of chapters, subject matter which is governed is placed after the article or some articles of the general provisions.
111. The division of subject matter into smaller groups performed according to the criteria of the division.
For example:
a. division based on a protected right or interest, such as the division of the Book of Criminal Law:
1. crimes against state security;
2. crimes against the dignity of the President;
3. crime against a friendly country and its representatives;
4. crime against obligations and rights of the state;
5. crimes against public order etc ..
b. division based on the sequence/chronological order, such as the division of the law of criminal procedure, starting from the inquiry, investigation, prosecution, and examination in first level court of, appeal, and judicial review.
c. division in order of hierarchy, such as the Attorney General, Deputy Attorney General, and First Attorney General.
C.3. Criminal provisions (if required)
112. Criminal provision contains a formula that states the imposition of penalty for violation of the provisions that contain restrictions or norms norm command.
113. In formulating the criminal provision to consider the general principles of criminal provisions contained in Book One of Book of Criminal Law, because the provisions in Book One applies also to acts that can be punished according to the Regulations, unless otherwise stipulated by the Law (Article 103 of Book of Criminal Law).
114. In determining the duration or the amount of criminal fines to consider the impact caused by the criminal element in society and the actors fault.
115. Criminal provisions are placed in a separate chapter, the criminal provisions chapter that is located after the subject matters regulated or before transitional provisions chapter. If there is no transitional provisions chapter, it is location is before the closing provisions chapter.
116. If the Rules are not held in the chapter groupings, the criminal provisions in the article that is placed directly before the article or articles containing a transitional provision. If there is no article that contains a transitional provisions, penal provisions are put before the article or articles that contains some closing conditions.
117. The criminal provisions contained only in the Law, Province Regulation, and Regency/Municipality Regulation.
118. Formulation of the criminal provisions should mention explicitly ban norm or instruction norms have been violated and said article or articles that contains such norms. Thus, it should be avoided:
a. referring to the criminal provisions of other Rule. See also No. 98;
For example:
Aceh Jaya Regency Qanun No. 2 of 2010 concerning Implementation of Population Administration
Article 73
Crime in Population Administration conducted by the residents, officials, and Board of Law punishable by criminal penalties as provided in Law No. 23 of 2006 concerning the Population Administration.
b. referring to the Criminal Law Book, if the element or elements of the norm referred to is not the same; or
c. preparation of different formulations or not contained in the norms set out in the previous article or articles, except for the Law of the specific crime.
119. If the criminal provisions apply to any person, the subject of the criminal provisions formulated in terms of 'any person'.
For example:
Article 81
Any person who intentionally and without right to use the same brand in its entirety with the trademark of another person or other legal board for similar goods or services produced and or traded, as intended in Article 20, shall be punished with imprisonment of 7 (seven) years and a maximum fine of 100,000.00 (one hundred thousand dollars).
120. If the criminal provisions only apply to certain subjects, subjects were explicitly formulated, for example, foreigners, civil servants, witnesses.
Example 1:
Law No. 35 of 2009 Concerning Narcotics
Article 143
Witnesses who gave testimony is not true in the criminal case investigation of Narcotics and Precursor before the trial court, shall be punished with imprisonment for 1 (one) year and maximum of 10 (ten) years and a fine of at least Rp60,000,000.00 (sixty million dollars) and maximum of Rp600,000,000.00 (six hundred million rupiah).
Example 2:
Sawahlunto Municipality Regulation No. 9 of 2009 Concerning Entertainment Tax
Taxpayers who knowingly fails to submit SPTPD or incorrectly filled or incomplete or untrue attach as intended in Article 10 to the lost of local finance can be punished with imprisonment of 3 (three) months and/or a fine of maximum 4 (four) times the amount of tax payable.
121. Respect to the different between crime and violation offenses in the Criminal Law Book, the formulation of the criminal provisions should state clearly the qualifications of the act was punishable by a violation or crime.
For example:
CHAPTER V
PENALTY PROVISIONS
Article 33
(1) Any person who violates the provisions as intended in Article ... shall be punished with a maximum confinement ... or a maximum fine of Rp ..., 00
(2) The criminal act as intended in paragraph (1) is a violation.
122. Formulation of the criminal provisions should state explicitly that imposed criminal qualifications are cumulative, alternative, alternative or cumulative.
a. The cumulative nature:
For example:
Any person who knowingly broadcast the things that is sadism, pornography, and/or nature of gambling as intended in Article 32 paragraph (7) shall be punished with imprisonment of 3 (three) years and a maximum fine of Rp300,000,000.00 (three hundred million rupiah).
b. An alternative properties:
For example:
Any person who intentionally hold broadcasting without a license as intended in Article 17 paragraph (1) shall be punished with imprisonment of 8 (eight) years or a maximum fine of Rp800.000.000, 00 (eight hundred million rupiahs).
c. Cumulative nature of the alternatives:
For example:
Shall be punished with imprisonment for 1 (one) year and no later than 5 (five) years and/or a fine of at least 50,000,000 00 (fifty million rupiah) and maximum Rp250.000.000, 00 (two hundred fifty million dollars) of civil servants or state officials who receive gifts or promises yet known or reasonably suspected that the gift or promise is given because the power or authority associated with his position, or conceivably the person providing the gift or promise anything to do with his position.
123. The formulation of the criminal provisions should clearly show the elements of criminal acts are cumulative or alternative.
124. If the Regulations contain criminal provisions which will applies retroactively, penal provisions should be excluded, caused by the general principle in Article 1 paragraph (1) of Criminal Law Book which states that the criminal provisions should not apply retroactively.
For example:
This Law shall come into force on the date of promulgation and applies retroactively from the date of January 1, 1976, except for its criminal provisions.
125. Penal provisions for criminal acts in violation of economic activity can not be set separately in the Law concerned, but simply refers to the Law which regulates the economic crimes, for example, Law No. 7 Drt. of 1955 concerning Investigation, Prosecution, and Justice of Economic Crime.
126. Criminal acts can be committed by individuals or by corporations. Offenses against the criminal acts committed by the corporation imposed on:
a. legal board including corporate, association, foundation, or a cooperative; and/or
b. instructor to commit criminal acts or who acted as the lead in committing a crime.
C.4. Transitional Provisions (if required)
127. Transitional Provisions contains adjustment provisions of legal action or legal relationships that already exist under the existing Rules for the new Rules, which aim to:
a. avoid a legal vacuum;
b. ensure legal certainty;
c. provide legal protection for those affected by changes in the provisions of Rules; and
d. regulate matters that are transitional or transient.
Example 1:
Law No. 25 of 2007 concerning Investment.
Article 35
International Agreement, whether bilateral, regional, and multilateral, in the field of investment that has been approved by the Government of Indonesia before this Law applies, remain in force up to the end of the agreement.
Example 2:
Jakarta Special Capital Province Regulation No. 3 of 2009 concerning Management of Market Areas
Article 18
Permits have been issued prior to enactment of this Regional Regulation remain in force up to permit expire.
Example 3:
Kuantan Singingi Regency Regulation No. 10 of 2009 concerning Animal Health Care
Article 38
Person or board that has been a licensed animal health care businesses that existed prior to enactment of this Regional Regulation, remain valid and within a period of 1 (one) year to adjust to this Regional Regulation.
128. Transitional Provisions contained in Transitional Provisions Chapter and placed between the Criminal Provisions Chapter and Closing Provision Chapter. If the Regulations are not held grouping chapter, article, or some articles which contains Transitional provision is placed before the article or articles that contains some closing conditions.
129. In the new Rules, can be loaded the provisions on the temporary deviation or temporary suspension of legal action or a certain legal relationship.
Example 1:
Law No. 39 of 2008 concerning the State Ministries
Article 27
Ministries of existing at the time this Law comes into force still carry out their duties up to the establishment of the Ministries under the provisions of this Law.
Example 2:
Bandung Municipality Regulation No. 7 of 2008 concerning Stages, Development Procedures, Control and Evaluation of the Development Plan and Local Development Planning Meeting
Article 44
(1) ....
(2) Prior plan set out, the preparation of RKPD guided by previous period RPJMD.
130. Temporary deviation to the provisions of Regulations apply to the provisions applied retroactive.
131. If the Regulations apply retroactively, the Regulations should include provisions on the status of legal action that occurred, or the legal relationships that exist in the interval between the start date retroactive enactment and effective date.
For example:
Differences improvement allowance arising from the this Government Regulation is paid no later than 3 (three) months from the date of promulgation of this Government Regulation.
132. Given the enactment of the general principles of criminal law, the determination of the behavior does not apply retroactively to the Criminal Provisions.
133. Determination of the retroactive is not loaded in the Regulations include provisions that give concrete burden to society, such as levy or taxes.
134. If the application of the provisions of Regulations declared temporarily suspended for any legal action or a particular legal relationship, the provisions of these Regulations shall contain expressly and detail any legal action or legal relationship, and the expiration of the term or terms of the temporary suspension.
For example:
Semi finished rattan export permit was issued under the provisions of Government Regulation No. ... of ... concerning ... still remain in force for a period of 60 (sixty) days from the date of promulgation of this Government Regulation.
135. Transitional provisions in the formulation does not contain hidden changes to the provisions of other Rules.
These changes should be done by creating a new sense of limits in the General Provisions of Rule or made by making an amendment Rule.
Examples of the changes hidden formula that includes:
Article 35
(1) The village or called other name in same level with a village that already existed at the time of this Law comes into force is expressed as a village under Article 1 paragraph a.
C.5. Closing Provision
136. Closing Provision placed in the last chapter. If not held grouping chapters, Closing Provision is placed in the article or some last articles.
137. Closing Provision generally contain provisions on:
a. appointment of an organ or section that carry Regulations;
b. short name of the Regulation;
c. status of existing Regulations; and
d. time of the Regulation comes into force.
138. The appointment of an organ or section which implements Rules (executive), for example, the appointment of certain officials who are authorized to give permit, and appoint employees.
139. For a long name of Regulations can be loaded with provisions on the short name by attention the following matters:
a. number and year of issuance of the regulation are not listed;
b. short names instead of abbreviations or acronyms, unless abbreviations or acronyms are very well known and do not cause any misunderstanding.
140. Short name does not contain terms which deviate from the contents and name of the regulations.
Examples of short name is not correct:
(Law Concerning Animal, Fish, and Plant Quarantine)
This Law can be called as Law concerning Animal Quarantine
141. Name of Regulation that is short do not need to be given a short name.
Examples of short name is not correct:
(Law concerning Central Bank)
This Law can be called as Law concerning Bank Indonesia.
142. Synonyms can not be used for short name.
Example of incorrect short name:
(Law concerning State Administrative Court)
This Law may be called as Law concerning State Administration Judicial.
143. If the substance of the new Rule which caused the change or replacement of all or part of the substance in the existing Rule, in the new Rule should be expressly provided for the revocation of all or part of the substances of the existing Rule.
144. Formulation of revocation of Rules beginning with the phrase of When ... (kind Regulations) comes into force, except for the revocation made by separate Rules
145. For the legal certainty, the revocation of Regulations is not formulated in general terms but said clearly Regulations are revoked.
146. To revoke the Regulations that has been enacted and has come into effect, use the phrase of shall be revoked and declared null and void.
For example:
Law No. 27 of 2009 concerning the People's Consultative Council, House of Representatives, Regional Representatives Council, and Regional House of Representatives
When this Law comes into force, Law No. 22 of 2003 concerning Structure and Status of the People's Consultative Council, House of Representatives, Regional Representatives Council, and Regional House of Representatives (Statute Book of the Republic of Indonesia of 2003 No. 92, Supplement to Statute Book of the Republic of Indonesia No. 4310), shall be revoked and declared null and void.
147. If the Regulations are revoked more than 1 (one), done by way of writing the details in the form of tabulations.
For example:
When this Law comes into force:
a. Hunting Ordinance (Jachtsordonantie 1931, Staatsblad 1931: 133);
b. Ordinance Protection of Wild Animals (Dierenbeschermingsordonantie 1931, Staatsblad 1931: 134);
c. Hunting Ordinance Java and Madura (Jachtsordonantie Java en Madoera 1940, Staatsblad 1939: 733); and
d. Nature Protection Ordinance (Natuurbeschermingsordonantie 1941, Staatsblad 1941: 167),
shall be revoked and declared null and void.
148. Revocation of Regulations accompanied by information concerning the legal status of implementation of regulations or decisions issued under the revoked Regulations.
149. To revoke the Regulations that has been enacted but not yet entered into force, use phrases shall be canceled and declared null and void.
For example:
At This Law shall come into force, Law Number ... of ... Concerning ... (Statute Book of the Republic of Indonesia of ... No. ..., Supplement to Statute Book of the Republic of Indonesia Number ...) shall be canceled and declared null and void.
150. Basically the Regulations come into force at the time of the promulgation of Regulations.
For example:
a. This Law shall come into force on the date of promulgation.
b. This Ministerial Regulation shall come into force on the date of promulgation.
c. This Regional Regulation shall come into force on the date of promulgation.
151. If there is deviation from the coming into force of these Regulations at the time of its enactment, it is expressly stated in these Regulations to:
a. determine the specific date when the rules would apply;
For example:
This Law shall come into force on August 17, 2011.
b. give the determination of the coming into force to the other same level Regulation, if the force is codified, or to other lower Regulation if the force was not codified;
For example:
This Law coming into force will be determined by Presidential Regulation.
c. to determine the passage of a certain period of time since the promulgation or determination. To avoid misinterpretation using the phrase of after ... (period) as of the date of promulgation.
For example:
This Law shall come into force after 1 (one) year from the date of promulgation.
152. Do not use the phrase ... became effective on ... or the like, because this phrase creates uncertainty about when the force of the Regulations is currently enacted or as effective.
153. Basically when the Regulations come into force the same for all parts of the Regulations and the whole territory of the Republic of Indonesia or the entire Province, District/City to Province Regulation, Regency/Municipality Regulation.
154. Deviation of the Regulations come into force as expressly provided by:
a. decide provisions of the Regulation that a different time of entry into force;
For example:
Article 45
(1) The provisions as intended in Article 8 paragraph (1), paragraph (2), paragraph (3), and paragraph (4) came into force on ....
b. decide into effect a different time for the particular parts of country.
For example:
Article 40
(1) The provisions as intended in Article 15 paragraph (1) shall come into force for the area of Java and Madura on ....
155. Basically the Regulations coming into force can not be earlier than the enactment time.
156. If there is strong reasons to impose earlier than the current Regulations enactment (retroactive), note the following:
a. The new provisions relating to criminal matters, both the type, weight, nature, and its classification, did not participate retroactively;
b. details on the effect of the retroactive provisions against legal action, legal relations, and due to certain existing laws, contained in the transitional provisions;
c. beginning of the current Regulations come into force no earlier than the stipulated time of Draft of Regulations is known to the public, for example, when the draft of the Regulations are listed in the Prolegnas, Prolegda, and other planning Draft of Regulations.
157. When the Regulations come into force, its implementation should not be set earlier than the basis Regulations come into force.
158. Regulation can only be revoked by the same level or higher Regulation.
159. Revocation of the Regulation by higher level Regulation is done, if a higher Regulations was intended to hold back all or part of the substance of the repealed Regulations lower it.
D. CLOSING
160. Closing is the final part of the Regulations contain:
a. instruction of the formulation and promulgation of Regulations placement in the Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Regional Provincial Book, Regency/Municipality Regional Book, Provincial Regional Gazette or Regency/Municipality Regional Gazette;
b. signing of the ratification or the determination of Regulations;
c. Determination of enactment or Regulations; and
d. end of the closing.
161. Formulation of instruction and promulgation of Regulation placement in the Statute Book of the Republic of Indonesia, which reads as follows:
For example:
For public cognizance, ordered ... (kind Regulations) by placing it in the Statute Book of the Republic of Indonesia.
162. Instruction of the formulation and promulgation of Regulations placement in State Gazette of the Republic of Indonesia, which reads as follows:
For example:
For public cognizance, ordered ... (kind Regulations) by placing it in State Gazette of the Republic of Indonesia.
163. Instruction of the formulation and promulgation of Regulations in Regional Book or the Regional Gazette which reads as follows:
Example of Province Regulation:
For public cognizance, this Regulation shall be promulgated by placing it in the Regional Book of the Province of West Sumatra.
164. The signing of the legalization or determination of Regulation contain:
a. place and date of legalization or determination;
b. job title;
c. official sign; and
d. official who signed the full name, without title, rank, class, and employee identification numbers.
165. The formulation of the place and date of adoption or order is placed to the right.
166. Job title and name of the official written with capital letters. At the end of the job titles given comma punctuation.
a. for approval:
For example:
b. for determination:
For example:
167. Promulgation of Regulations contain:
a. place and date of promulgation;
b. name of authorized positions enacted;
c. signature; and
d. official who signed the full name, without title, rank, class, and employee identification numbers.
168. Place and date of the promulgation of Regulations placed on the left (under the signature ratification or determination).
Legalized in Jakarta
on July 22, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
SUSILO BAMBANG YUDHOYONO
Stipulated in Jakarta
on July 22, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
SUSILO BAMBANG YUDHOYONO
169. Job title and name of the official written with capital letters. At the end of the job titles given comma punctuation.
For example:
Promulgated in Jakarta
on July 22, 2011
Minister of LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,
sign
PATRIALIS AKBAR
170. If within a period of 30 (thirty) days of President does not sign the Law Draft which is agreed upon between the House and the President, it included the phrase after the name of the official endorsement is enacted, which reads: This Law declared invalid based on the provisions of article 20 paragraph (5) Constitution of the Republic of Indonesia of 1945.
171. If within a period of 30 (thirty) days of the governor or Regent/Municipal Government did not sign the draft of the Regional Regulation mutually agreed between the DPRD and the Governor or Regent/Municipal Government, it included the phrase after the name of the official endorsement is enacted, which is read:
This Regional Regulation declared legal.
172. At the end of the closing specified Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Regional Provincial Book, Regency/Municipality Regional Book, Provincial Regional Gazette or Regency/Municipality Regional Gazette its year and a number of the Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Regional Provincial Book, Regency/Municipality Regional Book, Provincial Regional Gazette or Regency/Municipality Regional Gazette.
173. Writing phrases Statute Book of the Republic of Indonesia or Regional Book is written entirely in capital letters.
For example:
Statute BOOK OF THE REPUBLIC OF INDONESIA OF ... No. ...
For example:
REGIONAL BOOK PROVINCE (DISTRICT/CITY) ... OF ... No. ...
E. EXPLANATION
174. Any Law, Province Regulation and Regency/Municipality Regulation is given elucidation.
175. Regulations under the Law (other than Province and Regency/Municipality Regional Regulation) can be given an elucidation if needed.
176. Elucidation functioned as the official interpretation of the Regulation forming certain norms in the body. Therefore, the only explanation includes a description of words, phrases, sentences or the equivalent word/term in the foreign norms which can be accompanied by an example. Elucidation as facility to clarify the norms in the body may not result in the obscurity of the said norm.
177. Elucidation can not be used as a legal basis to make further regulations and must not include a formula that contains the norm.
178. Elucidation does not use formula that includes changes to the provisions of Regulations.
179. Elucidation texts prepared jointly with the preparation of the Draft of Regulations.
180. Elucidation title same with the Regulation title beginning with elucidation phrase written in capital letters.
For example:
ELUCIDATION OF
LAW OF THE REPUBLIC OF INDONESIA
No. 3 OF 2011
Concerning
FUND TRANSFER
181. Elucidation of Regulations contains the general description and explanation of article by article.
182. Details of the general description and article by article explanation begins with Roman numerals and capital letters.
For example:
I. GENERAL
II. ARTICLE BY ARTICLE
183. General elucidation includes a description of the systematic background in mind, intent, and purpose of preparation of the Regulation which has been mentioned briefly in consideration, as well as the principles, purposes, or subject matter contained in the body of Regulations.
184. The parts of a general explanation can be numbered with Arabic numerals, if it is better to give clarity.
For example:
I. GENERAL
1. Basis of Thinking
...
2. Distribution of Area
...
3. Principles of Governing Organizing
...
4. Autonomous Region
...
5. Administrative Region
...
6. Supervision
...
185. If the general elucidation loaded reference to other Regulation or other documents, this reference comes with the source.
186. The formulation of article by article description of the following:
a. not conflict with the subject matter set forth in the body;
b. not expand, reduce or add to the sense of norms that exist in the body;
c. do not repeat the subject matter set forth in the body;
d. not repeat the description of words, terms, phrases, or terms that have been published in the general provisions; and/or
e. no contains delegation formulation
187. Contains of general provisions that limit the understanding or definition of the word or term, no explanation is given.
188. On the article or paragraph that does not require an explanation is written 'Self-explanatory' phrase that ends with a point (.) and letter S is written with capital letters. Article by article explanation is not joined although there are several sequential articles that does not require explanation.
Inappropriate example:
Article 7, Article 8 and Article 9 (Article 7 up to Article 9)
Self-explanatory.
It should:
Article 7
Self-explanatory.
Article 8
Self-explanatory.
Article 9
Self-explanatory.
189. If an article consists of several paragraphs or item does not require explanation, article is given Self-explanatory., without detailing each paragraph or item.
190. If an article consists of several paragraphs or items and one paragraph or one item that requires an explanation, any paragraph or item is to be given and equipped with an appropriate explanation.
For example:
Article 7
Paragraph (1)
Self-explanatory.
Paragraph (2)
This clause is intended to provide legal certainty to the judges and the legal users.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
191. If a term/word/phrase in an article or paragraph that requires an explanation, use punctuation marks ("...") to the term/word/phrase.
For example:
Article 25
Paragraph (1)
What is meant by "the next meeting" is the first session of DPR after Government Regulation In Lieu of Law is determined.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
F. ATTACHMENT
192. In case of Regulations require the attachment, it is stated in the body of that the attachment is an integral part of the Regulation.
193. Attachments can contain, among other descriptions, lists, tables, drawings, maps, and sketches.
194. In case of Regulations requires more than one Attachment, each Attachment shall be numbered using Roman numerals.
For example: ATTACHMENT I
ATTACHMENT II
195. Attachment title is written entirely in capital letters placed in the upper right corner with no ending punctuation with the left flat.
For example:
ATTACHMENT I
LAW OF THE REPUBLIC OF INDONESIA
No. ... OF ...
CONCERNING
MAKING RULES
196. Attachment name is written entirely in capital letters placed in the middle with no ending punctuation.
For example:
ENGINEERING DEVELOPMENT REGULATIONS
197. On the final page of each attachment should include the names and signed by official legalized or determined the Regulation, written with capital letters placed in the bottom right corner and end with punctuation comma after the name of officials who legalized or determined Regulation.
For example:
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
SUSILO BAMBANG YUDHOYONO
CHAPTER II
SPECIAL THINGS
A. Delegation of authority
198. Higher Regulation may further delegate authority of governing to the lower Regulation.
199. Delegation of authority can be done from Law the other Law, from Province Regulation to other Province Regulation, or from Regency/Municipality Regulation to other Regency/Municipality Regulation.
For example:
Law No. 26 of 2007 concerning Spatial Arrangement
Article 48
(2) Further provision on the protection of perennial agricultural land area of food as intended in paragraph (1) e will be governed by Law.
200. Delegation of authority set should mention explicitly:
a. the scope of a regulated substance; and
b. type of Regulations.
201. If the substance is delegated already regulated in subjects in the Regulation that give delegation but that the substance should be regulated only in the Regulations are delegated and must not be further delegated to a lower Regulations (sub-delegation), use the phrase of 'Further provision on the ... will be governed by ....
Example 1:
Article ...
(1) ... .
(2) Further provison on the ... will be governed by Government Regulation.
Example 2:
Regional Regulation of North Gorontalo Regency No. 87 of 2010
concerning Advertising Tax
Article 18
(1) ... .
(2) Further provisions on the procedure of filling and submission of SKPD or other equivalent document will be governed by Regulation of the Head of Region.
Example 3:
Regional Regulation No. 4 of 2010 concerning the East Java Regional Waste Management
Article 23
(1) ....
(2) ....
(3) Further provision on the forms and procedures for public participation as intended in paragraph (2) will be governed by Regulation of the Governor.
202. If the substance of the preparation is allowed to be delegated further (sub-delegation), use the phrase of Further provisions on the ... will be governed by or under ....
For example:
Article ...
(1) ....
(2) Further provision on the ... will be governed by or under the Government Regulation.
203. If the substance is delegated at all subjects in not governed by the Regulation that give delegation and the substance of it has to be governed by the Regulation that be given the delegates and cannot further delegated to a lower Regulation (sub-delegation), use the phrase of Provision on ... will be governed by ....
For example:
Article ...
(1) ....
(2) Provisions on ... will be governed by Government Regulation.
204. If the preparation of material is permitted further delegated (sub-delegation) used the phrase Provision on ... will be governed by or under ....
For example:
Article ...
(1) ... .
(2) Provisions on ... will be governed by or under the Government Regulation.
205. If there is some substances that are delegated and the substances are listed in some articles or paragraphs, but will be delegated in the Regulation, use the phrase of "Provisions on ... are governed in ...."
For example:
Qanun Aceh Jaya District No. 2 of 2010 concerning Implementation of Population Administration
Article 57
(1) ....
(2) ....
(3) ....
(4) ....
(5) ....
(6) ....
(7) The provisions on the requirements and guidelines for procedures to get the KIPAS as intended in paragraph (1) set forth in the Decree of Regent.
206. If there is some substances which are delegated, the substances of which are delegated can be joined in 1 (one) implementation regulation of Regulation that delegate, use the phrase "(kind of Regulations) … concerning Implementation of Regulation ..."
For example: Government Regulation No. 36 of 2005 concerning Implementation of Regulation No. 28 of 2002 concerning Building.
207. To facilitate the determination of the title of the implementing regulations to be made, the formulation of the delegation should include a brief but complete as to what will be further.
For example:
Taken from the Law No. 18 of 2009 concerning Animal Husbandry and Animal Health
Article 76
(1) ... .
(2) ... .
(3) ... .
(4) ... .
(5) Further provision on the facility as intended in paragraph (1) and paragraph (2) will be governed by or under the Government Regulation.
208. If the article consists of several paragraphs, the delegation of authority contained in the last paragraph of the articlen.
209. If the article consists of several paragraphs, the delegation of authority can be considered to be loaded in a separate article, because the delegation of the material is basically different from those mentioned in the previous series of verses.
210. The delegation of authority may not regulate the blank delegation.
Example 1:
Article ...
Things are not governed in this Law, will be governed by Government Regulation.
Example 2:
Qanun Aceh Jaya District No. 4 of 2010 concerning Establishment of Organizational Structure and Working Procedure of the Regional Disaster Management Board
Article 24
Things that are not regulated in this Qanun on the its implementation, will be governed by Decree of Regent.
211. Delegation of authority from the Law to regulate minister, leader of non ministerial government agencies, or officials same with the Minister level is limited to administrative technical nature regulation.
212. Authority delegated to a state section can not be delegated further to the other state section, unless the authority delegated by the Law which opened the possibility for it.
213. Delegation of authority of the Regulation should not be delegated to the director general, secretary general, or same level official.
214. Delegation directly to the director general or same level official can only be provided by the Regulation that a lower than the Law.
215. Implementing Regulation provisions should not repeat the norms that have been set in the Regulations is delegated, unless it is unavoidable.
216. In the implementing regulations not to write again the formulation of the norm or provision contained in the higher Regulation that delegates. Rewritten can be carried back along the formulation of norms or provisions are needed as an introduction to formulate norms or terms in the further article or some articles or a paragraph or some paragraphs.
B. INVESTIGATION
217. Provisions of the investigation can only be loaded in the Law, Regulation or Province, or Regulation of Regency/Municipality.
218. Investigation contains provisions granting authority to the Civil Servant of ministries, non ministerial government agencies, or other agencies to investigate violations of the provisions of Law, Regulation or Province, or Regulation of Regency/Municipality.
219. In formulating provisions that designate certain officials as investigator to be civil servants does not diminish the general authority of the investigator to conduct an investigation.
For example:
Certain Civil Servant in the environment of ... (Name of the ministry or agency) may be given the authority to conduct investigations of violations of the provisions in the this Law (Province Regulation or Regency/Municipality Regulation).
220. Investigation provisions are placed before the of the criminal provisions or if in the Law, Province Regulation or Regency/Municipality Regulation of grouping is not held, placed on the article or some articles before the criminal provisions.
C. REVOCATION
221. If there is the old Regulations that are not needed anymore and is replaced by the new Regulations, the new Regulations should expressly revoke the Regulations are not required.
222. If the material in the new Regulations which led to the replacement of part or all of the material in the old Regulations, in the new Regulations should be expressly provided for the revocation of some or all of the old Regulations.
223. Regulation can only be removed through the same level or higher Regulation.
224. Revocation of a Regulation through the higher Regulation made if a higher Regulations were intended to hold back all or part of the material of the lower Regulation is revoked.
225. If the new Regulation set back a material that is set up and has been in effect, that revocation of Regulation stated in one article in closing provision of the new Regulation, using the formula shall be revoked and declared null and void.
226. Revocation of Regulations that have been enacted but not yet entered into force, it can be done by separate regulation by using the formula shall be canceled and declared null and void.
227. If the revocation of Regulation is made by the separate revocation regulation, revocation of the regulation basically contain 2 (two) article written in Arabic numerals, as follows:
a. Article 1 contains a provision that state revocation of the Regulations states that have been enacted.
b. Article 2 contains provisions concerning coming into force of the relevant Revocation Regulation.
For example:
Article 1
Law No. ... of ... Concerning ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...) shall be revoked and declared null and void.
Article 2
This Law shall come into force on the date of promulgation.
228. Revocation of Regulations which cause changes in other relevant Regulations, does not alter other relevant Regulations, unless expressly provided otherwise.
229. Regulations or the provisions that have been revoked, remain not valid, although the Regulation that revoked it is revoked at a later date.
D. AMENDMENT TO THE LAW
230. Amendment to the Law made by:
a. insert or add material to the Regulations; or
b. remove or replace some of the material of Regulations.
231. Amendment to the law can be made to:
a. all or part of the book, chapters, sections, part, chapters, and/or paragraph; or
b. words, phrases, terms, phrases, numbers, and/or punctuation.
232. If the Regulation is amended has a short name, Amendment Regulation can use short name of Regulation will be amended.
233. Basically body of Amendment Regulation consisting of 2 (two) articles written in Roman numerals as follows:
a. Article I contains the title of the amended Regulations, stating the Statute Book of the Republic of Indonesia and Supplement to Statute Book of the Republic of Indonesia which is placed between brackets and punctuation contains material or amended norms. If a material change of more than one, any material changes to be specified by using Arabic numerals (1, 2, 3, etc.).
Example 1:
Article I
Several provisions in Law No. ... of ... Concerning ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...) shall be amended as follows:
1. Provisions of article 6 be amended so read as follows:
...
2. Provisions of paragraph (2) and paragraph (3) Article 8 shall be amended so read as follows: ...
3. etc. ...
Example 2:
Article I
Provision of article ... in Law No. ... of ... Concerning ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...) shall be amended so read as follows: ...
b. If the Regulations have been amended more than once, Article I contains, in addition to following the provisions of the No. 193 letters a, also the year and the number of changes to the existing Regulations and the Statute Book of the Republic of Indonesia and Supplement to Statute Book of the Republic of Indonesia is punctuation is placed between brackets and specified by the letters (alphabet) of small (a, b, c, etc.).
For example:
Article I
Law No. ... of ... Concerning ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...) as amended several times by Law:
a. No. ... of ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...);
b. No. ... of ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...);
c. No. ... of ... (Statute Book of the Republic of Indonesia No. of ... ..., Supplement to Statute Book of the Republic of Indonesia No. ...);
shall be Amended as follows:
1. Chapter V is demolished.
2. Provisions of article 11 is amended to read as follows:
3. etc. ...
c. Article II contains the provisions on at the start of actively. In certain case, Article II also contains transitional provisions of the Regulations change, which means different from the transitional provisions of the amended Regulations.
234. If the Regulations are added or inserted chapter, section, paragraph, or a new article, then the new chapter, section, paragraph, or article is posted on the spot in accordance with the relevant material.
a. Insertion of Chapter
For example:
Between CHAPTER IX and CHAPTER X is inserted 1 (one) chapter, namely CHAPTER IXA to read as follows:
CHAPTER IXA
INDICATION GEOGRAPHY AND INDICATION ORIGIN
b. Insertion of Article:
For example:
Between Article 128 and Article 129 inserted 1 (one) article, called Article 128A so read as follows:
Article 128A
In case of evidence of patent infringement, the judge may order the results of patent infringement are taken away to the country to be destroyed.
235. If within 1 (one) article consisting of several paragraphs inserted new paragraphs, writing new verse is preceded by Arabic numerals in accordance with paragraph numbers are inserted and coupled with the small letters a, b, c, which is placed between the punctuation brackets () .
For example:
Among paragraph (1) and paragraph (2) Article 18 is inserted 2 (two) paragraph, namely paragraph (1a) and paragraph (1b) so that Article 18 read as follows:
Article 18
(1) ....
(1a) ....
(1b) ....
(2) ....
236. If the Regulations do a deletion of a chapter, section, paragraph, chapter, or verse, then the order of chapters, sections, parts, chapters, or paragraphs preserved by being given the information removed.
Example 1:
1. Article 16 is deleted.
2. Article 18 paragraph (2) is demolished so that Article 18 reads as follows:
Article 18
(1) ....
(2) Demolished.
(3) ....
Example 2:
Regional Regulation concerning Amendment to Regional Regulation concerning Motor Vehicle Testing and Levies
5. Provisions of article 4 paragraph (1) and paragraph (2) shall be demolished, so that Article 4 is read as follows:
Article 4
(1) Demolished.
(2) Demolished.
(3) Location Tests and Testing established by the Decree of the Head of Department of Transportation.
237. If an Amendment to the Rule resulted in:
a. Regulations systematic change;
b. Regulations changed the material more than 50% (fifty percent); or
c. essentially all are changed,
The Amendment Rule is better revoked and rearranged in the new Regulations on the issue.
238. If the Regulations have been frequent amended so it is difficult for the user of Regulations, these Regulations should be rearranged in document in according to amendments, by making adjustments on:
a. sequence of chapter, section, part, paragraph, numbers, or letter;
b. mentioning; and
c. spelling, if the amended Regulation is written in the old spelling.
E. DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW BECOMES LAW
239. The body of the Law concerning Determination of Government Regulation In Lieu of Law (Regulation) Becomes law basically consists of 2 (two) articles, written with Arabic numerals, as follows:
a. Article 1 contains the Stipulation of Government Regulation Becomes law is followed by a statement attached Perpu as an integral part in the determination of the Law.
b. Article 2 contains provisions on the time come into force.
For example:
Law No. 15 of 2003 concerning Determination of Government Regulation In Lieu of Law No. 1 of 2002 concerning the Crime Combating Terrorism Becomes Law.
Article 1
Government Regulation In Lieu of Law No. 1 of 2002 concerning Eradication of Criminal Acts of Terrorism (Statute Book of the Republic of Indonesia of 2002 No. 106, Supplement to Statute Book of the Republic of Indonesia No. 4232) determined Becomes Law, and attach it as an integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
F. RATIFICATION OF INTERNATIONAL AGREEMENT
240. Body of Law concerning the Ratification of the International Agreement basically consists of 2 (two) articles written in Arabic numerals, as follows:
a. Article 1 contains the ratification of International Agreement shall contain a statement attached a copy of the original text and its translation in Indonesian language.
b. Article 2 contains provisions regarding the time come into force.
Example for multilateral agreements:
Article 1
To ratify the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapon and on Their Destruction (Convention Concerning Violations of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction) the original text in English and its translation in Indonesian language as attached and that is an integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
Examples for bilateral agreements which uses only two languages:
Article 1
To ratify the Cooperative Agreement between the Republic of Indonesia and Australia Concerning Mutual Assistance in Criminal Matters (Treaty Between the Republic of Indonesia and Australia on Mutual Assistance in Criminal Matters) which was signed on October 27, 1995 in Jakarta that a copy of the original manuscript in Indonesian and English language as attached and that 'is an integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
Examples for bilateral agreements that use more than two languages:
Article 1
To ratify the Agreement between the Government of the Republic of Indonesia and the Government of Hong Kong for the handover of Escape Offenders (Agreement Between the Government of the Republic of Indonesia and the Government of Hong Kong for the Surrender of Fugitive Offenders) which was signed on May 5, 1977 in Hong Kong is a copy of the manuscript originally in Indonesian language, English, and Chinese language as attached and that 'is an integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
241. How to write formulation of Article 1 for the ratification of treaties or international agreements made by the Law applies also to the ratification of treaties or international agreements made by the Presidential Regulation.
CHAPTER III
Regional variations REGULATIONS
A. LANGUAGES REGULATIONS
242. Languages Regulations on the rules of grammar are basically subject to Indonesian Language, both the formation of words, sentence formulation, technical writing, and spelling. Regulations but the language has its own style characterized by clarity or clarity of understanding, flexible, standard, harmony, and adherence to the principles in accordance with legal requirements in both the formulation and manner of writing.
243. The characteristics of the language of Regulations include:
a. straightforward and certainly to avoid the common sense or confusion;
b. patterned sparing only the required word is used;
c. pressing the sense of subjective and objective (not emotional in expressing the purpose or intent);
d. standardize the meaning of words, phrases or terms are used consistently;
e. provide a definition or limitation terms carefully;
f. writing meaningful words singular or plural is always formulated in the singular; and
For example:
books written as book
pupils written as pupil
g. initial capitalization of words, phrases or terms that have been defined or given meaning limits, job title, name of the profession, name of institution/agency/state division, and species of Regulations and Draft Regulations in the formulation of norms are written with capital letters.
For example:
- Government
- Taxpayer
- Draft of Government Regulation
244. Regulations define the terms used in a sentence that firm, clear, concise, and easy to understand.
For example:
Article 5
(1) To be able to apply to the Court as intended in Article 4 paragraph (1) this Law, must meet the following requirements:
Better formulation:
(1) Application for more than one wife as intended in Article 4 paragraph (1) shall meet the following requirements:
245. Do not use any word or phrase that means the context in uncertain or unclear sentences.
For example:
The term liquor has a less clear meaning than the term of alcoholic beverages.
246. In formulating the provisions of Regulations, using the standard Indonesian grammar rules.
Examples of non standard sentences:
Company's business license in violation of obligations as intended in Article 6 may be revoked.
Example of a standard sentence:
Companies that violate obligations as intended in Article 6 license can be revoked.
247. To give a sense of the word or term extension of the known public without creating a new definition, use the word include.
For example:
Regional Regulation No. 4 of 2010 concerning Implementation of Population Administration of Hulu Sungai Utara Regency
Article 58
(3) report as intended in paragraph (2) include:
a. name and address of the printing company that does the printing of blank;
b. number of blank printed; and
c. number of published documents.
248. To narrow sense of the word or fill in the known public without creating a new definition, use the word does not cover.
For example:
The crew did not cover an apprentice chef.
249. Do not give meaning to the word or phrase whose meaning is too deviate from the meaning commonly used in everyday language use.
For example:
Agriculture include plantation, animal husbandry, and fisheries.
A good formulation:
Agriculture includes the plantation.
250. In the same Regulations, do not use:
a. several different terms to express the same sense.
For example:
Terms of salaries, wages, or earnings may declare the income. If to declare income, in an article had used the word salary then in subsequent chapters do not use the word wages or income to declare the salary.
b. one term for several different senses.
For example:
The term arrest is not used to cover the sense of security due to arrest or detention is not the same sense with the sense of security.
251. If making reference to another article or paragraph, should not use the phrase without prejudice, without prejudice, or without deviating from.
252. To avoid changing the name of the ministry, the mention of minister should use the mention of which is based on government affairs in question.
For example:
Minister is the Minister who conduct government affairs in the financial sector.
253. Absorption of words, phrases, or terms of foreign language that is widely used and has been adapted to the rules of Indonesian Language spelling may be used if:
a. have connotations that is suitable;
b. shorter when compared with its equivalent in Indonesian Language;
c. has an international style;
d. much easier to reach agreement, or
e. easier to understand than its translation in Indonesian Language.
For example:
1 devaluation (reduction in the value of money)
2. foreign exchange (Foreign exchange)
254. The use of words, phrases, or terms used in foreign language only in the explanation of Regulations. Words, phrases, or terms that are preceded by the foreign language equivalent in Indonesian Language, italics, and punctuation marks placed between brackets ().
For example:
1. contempt of court (contempt of court)
2. amalgamation (merger)
B. CHOICE OF WORDS OR TERMS
255. Use the word, to declare the maximum and minimum terms in determining the sanction or time limit.
For example:
... Shall be punished with imprisonment for 3 (three) years or a maximum of 20 (twenty) years and fine of at least Rp500.000, 00 (five hundred thousand dollars) or at most Rp1.000.000.000, 00 (one billion rupiah ).
Example for Local Regulation:
... is liable to a maximum confinement of 6 (six) months or a fine of 50.000.000,00 (fifty million rupiah).
256. To state the maximum and minimum for the unit:
a. time, use short phrases or the longest period of time to declare;
Example 1:
This implementation of the Regulation Law shall be established no later than 1 (one) year after this Law was enacted.
Example 2:
Minister representing the President tasked to discuss the Law Draft with the DPR within a period of 60 (sixty) days since the letter received by the DPR leadership.
b. time, use the phrase at the latest or fastest to state the time limit.
For example:
Letter of the business license application submitted to the department of industry at the latest on July 22, 2011.
c. amount of money, use the phrase at least or at most;
d. number of non-money, using phrases lowest and highest.
257. To state the meaning is not included, use the word except.
Unless the word is placed at the beginning of a sentence, if the exclusion is the whole sentence.
For example:
Law No. 8 of 2010 concerning the Prevention and Combating Money Laundering
Article 29
Unless there are elements of abuse of authority, the Reporting Party, its officers, and employees can not be prosecuted, either civil or criminal, on the implementation of reporting obligations under This Law.
258. Said unless placed directly behind a word, if that would be limited only word in question.
For example:
Law No. 6 of 2011 concerning Immigration
Article 1
....
38. Passenger is any person who is above the means of conveyance, unless the crew of a conveyance.
259. To express meaning, including, use a word other than.
For example:
Law No. 40 of 2007 concerning Limited Liability Companies
Article 77
(1) In addition to the implementation of the RUPS as intended in Article 76, the RUPS can also be done through a media teleconference, video conference or other electronic media facilities that enables all participants to see and hear each other RUPS directly and participate in the meeting.
260. To state the meaning of supposition or possibility, to use the word if, when, or phrases in case of.
a. The word when used to express a causal relationship (because-so pattern).
For example:
If a company violates an obligation as intended in Article 6, the company's license may be revoked.
Law No. 27 of 2009 concerning the People's Consultative Council, House of Representatives, Regional Representatives Council, Regional House of Representatives.
Article 41
(3) If a vacancy occurs the President, the Assembly held a plenary session of the Assembly soon to inaugurate Vice President Become President.
b. The word when used to express the causal relation that contains the time.
For example:
When member of the Corruption Eradication Commission stopped in his/her assignment period caused by reasons as intended in Article 10 paragraph (4), he/she will replaced by a substitute member until the expiry of his/her assignment period.
c. In case phrase used to express a possibility, circumstances or conditions that may occur or may not occur (possibility-then pattern).
For example:
In case of the Chairman can not attend, the hearing chaired by the Vice Chairman.
Law No. 13 of 2010 concerning Horticulture
Article 33
(2) In case of horticulture facilities in the country is inadequate or not available, can be used horticultural facilities coming from abroad.
261. Phrases when used to declare a state that will inevitably happen in the future.
For example:
Law No. 25 of 2009 concerning Public Service
Article 59
When this Law comes into force, any regulation or provision of public service shall be adjusted to the provisions of the Law This at least 2 (two) years.
262. To state the cumulative nature, use the word and.
For example:
Law No. 38 of 2009 concerning the Post
Article 30
Organizers of the post must maintain confidentiality, security, and safety items.
263. To state the nature of the alternative, use the word or.
For example:
Law No. 39 of 2008 concerning the State Ministry
Article 19
(1) The conversion as a result of splitting or merging ministries carried out with consideration of the House of Representatives.
Law No. 9 of 2010 concerning Protocol
Article 22
(2) In case of no music or drum corps and/or trumpet-raising or reduction in the state flag with the national anthem accompanied by all the participants of the ceremony.
264. To state the cumulative nature of the alternative at the same time, use the phrase and/or.
For example:
Law No. 18 of 2009 concerning Animal Husbandry and Animal Health
Article 69
(1) Animal health services including veterinary laboratory services, laboratory services and testing of veterinary inspection, veterinary medical services, and/or services at the center of the postal services or animal health animal health.
For example:
Law No. 9 of 2010 Protocol Concerning
Article 31
(2) Respect as intended in paragraph (1) include:
a. respect to the flag state;
b. respect the national anthem; and/or
c. Another form of respect in accordance with the provisions of Regulations.
265. To declare the existence of a right, use the right word.
For example:
Law No. 27 of 2009 concerning the People's Consultative Assembly, House of Representatives, Regional Representatives Council, Regional House of Representatives
Article 72
(1) DPR in carrying out the duties and authority the right to require state officials, government officials, law board, or community members to provide information Concerning something that needs to be addressed in the interest of nation and state.
266. Granting authority to declare a person or agency authorized to use the word.
For example:
Law No. 1 of 2009 concerning Flight
Article 313
(1) Minister of law enforcement authority to establish programs and take legal action in the field of aviation safety.
267. To state the nature of the discretionary authority given to a person or institution, can use the word.
Example 1:
Law No. 4 of 2009 concerning Mineral and Coal Mining
Article 90
IUP and IUPK holder can do most or all phases of mining, both exploration and production operations.
Example 2:
Regional Regulation No. 4 of 2010 concerning Implementation of Population Administration of Hulu Sungai Utara Regency
Article 28
(2) Residents who are unable to carry out its own reporting on events concerning the population itself may be assisted by the implementing agency or ask for help to others.
268. To declare the existence of an obligation which has been set, use the 'should' word. If the obligation is not met, the question is punished sanctions.
Example 1:
Law No. 6 of 2011 concerning Immigration
Article 8
(1) Any person entering or leaving Territory of Indonesia is required to have legal Travel Documents and still valid.
Example 2:
Regional Regulation No. 4 of 2010 concerning Implementation of Population Administration of Hulu Sungai Utara Regency
Article 17
(1) Each resident must have a NIK.
269. To claim the fulfillment of a condition or specific requirements, use the 'must' word. If this requirement is not met, the question does not get something that should be obtained if it meets the conditions or requirements.
For example:
Law No. 5 of 2011 concerning Public Accountants
Article 6
(1) To obtain permission to become Public Accountants as intended in Article 5 paragraph (1) a person must meet the following requirements:
a. have a certificate of public accounting profession passed the test system;
b. experienced the practice of providing services as intended in Article 3;
c. domiciled in the territory of the Republic of Indonesia;
d. have a Taxpayer Identification Number;
e. never been subject to administrative sanction in the form of revocation of license of Certified Public Accountants;
f. never been convicted of having legal force for committing a criminal offense punishable by imprisonment of 5 (five) years or more;
g. be a member Professional Association of Public Accountants appointed by the Minister; and
h. mature or not in a guardianship.
270. To declare a ban, use the word banned.
Example 1:
Law No. 1 of 2011 concerning Housing and Settlement Area
Article 135
Any person prohibited from renting or transferring ownership of the common house to another party.
Example 2:
Regional Regulation of Hulu Sungai Utara Regency No. 2 of 2010 concerning Fisheries Business License and Fishing Activities Registration Sign
Article 11
(1) Each holder of IUP or TPKP is prohibited:
a. conduct fishing activities using banned equipment such as chemicals, explosives, drugs, electricity, and use of fishing equipment with mesh size of 2.5 cm or catching equipment with blade size is less than 1 cm.
C. REFERRING TECHNIQUE
271. Basically every article is a unity of meaning without reference to another article or paragraph. However, to avoid repetition of the formula by using referring technique.
272. Referring technique done by pointing the article or paragraph of the relevant Rule or other Rules by using the phrase as intended in Article ... or as intended in paragraph ....
Example 1:
Law No. 35 of 2009 Concerning Narcotics
Article 72
(1) The authority as intended in Article 71 is conducted by BNN investigator.
(2) BNN Investigator as intended in paragraph (1) is appointed and dismissed by the Head of BNN.
Example 2:
Regional Regulation No. 4 of 2010 Concerning Implementation of Population Administration in Hulu Sungai Utara Regency
Article 5
(1) In implementing the authority as intended in Article 4 paragraph (2) a, the organizers held a coordination with vertical agencies and non ministerial government agencies.
(2) Coordination as intended in paragraph (1) relating to aspects of planning, organizing, implementing, monitoring, and evaluation of population administration.
273. Referring to more than two of the sequential article, paragraph, or letter that do not need to mention sequentially the article by chapter, paragraph by paragraph, or letter by letter referred to, but simply by using the phrase up to.
For example:
Law No. 21 of 2008 Concerning Islamic Banking
Article 10
Further provison on the licensing, form of legal entity, statutes, and the establishment and ownership of Islamic Banking as intended in Article 5 up to Article 9 will be governed by the Regulation of Bank Indonesia.
Law No. 4 of 2011 Concerning Geospatial Information
Article 57
(5) Further provision on the guidance as intended in paragraph (1) up to paragraph (4) will be governed by Government Regulation.
Law No. 21 of 2008 Concerning Islamic Banking
Article 37
(3) ...
f. company in which has interest from parties as intended in letter a up to the letter e.
274. Pengacuan more than two of the squential article or paragraphs, but there is exempted article, article or paragraph which do not referred is stated excepted.
For example:
a. Provisions as intended in Article 5 up to Article 12 shall also apply to candidates for judge, except for Article 7 paragraph (1).
b. Provisions as intended in paragraph (1) up to paragraph (5) shall also apply to prisoners, except paragraph (4) letter a.
275. This article text should not be used if the paragraph is referred to is in the same article.
For example:
Improper formulation:
Article 8
(1) ....
(2) Licensed as intended in paragraph (1) of this Article applies for 60 (sixty) days.
276. If has two or more reference, the order of reference starting from the paragraph in the article (if any), followed by an article or paragraph that has smaller number.
For example:
Article 15
(1) ....
(2) ....
(3) Permit as intended in paragraph (1), Article 7 paragraph (2) and paragraph (4), Article 12, and Article 13 paragraph (3) applied to the Minister of Mines.
277. Referring shall list briefly the contents are referred.
For example:
Coal mining permit as intended in Article 15 is given by ....
278. Referring only can to the same or higher level Rules.
279. Avoid refer to the article or paragraph which is located after the said article or paragraph.
For example:
Law No. 8 of 2010 Concerning Money Laundering Crime
Article 15
Official or PPATK employee who violate the obligation as intended in Article 37 paragraph (4) shall be imprisoned for maximum 2 (two) years and fine of Rp500,000,000, 00 (five hundred million rupiah).
280. Referring is done by mentioning the number of the article or paragraph which is referred and does not use the preceding article phrase or the article mentioned above.
281. Reffering for the enactment of various provisions of the Regulations that are not mentioned in detail, by using in accordance with the Rules phrase.
282. To state the implementation regulation of Rules remain valid as long as not contrary to the Rules, use the phrase is still in effect as long as not contrary to the provisions in this ... (type the Rules).
For example:
When this Law comes into force, all the Rules which are the implementing regulations of Law No. 10 of 2004 Concerning Making Rules (Statute Book of the Republic of Indonesia of 2004 No. 53, Supplement to Statute Book of the Republic of Indonesia No. 4389), still remain valid as long as not contrary to the provisions in this Law.
283. If the Rules are still remain valid in only a part of provisions of the rule, use phrases shall remain valed, except ....
For example:
When this Law comes into force, Government Regulation No. ... of ... concerning ... (Statute Book of the Republic of Indonesia No. ... of ..., Supplement to Statute Book of the Republic of Indonesia No. ...) shall remain valid, except for Article 5 up to Article 10.
284. Rules documents are typed with Bookman Old Style font, with 12 letter size, on F4 paper.
CHAPTER IV
FORMAT OF DRAFT OF REGULATIONS
A. FORMAT OF LAW DRAFT
LAW OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
…
(Name of Law)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW CONCERNING … (name of Law).
CHAPTER I
…
Article 1
…
CHAPTER II
…
Article …
CHAPTER … (etc.)
Article …
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
B. LAW DRAFT OF DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW BECOMES LAW
LAW OF THE REPUBLIC OF INDONESIA
No. …OF …
CONCERNING
DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. … OF … CONCERNING … BECOMES LAW
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. ...;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW CONCERNING DETERMINATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. … OF ... CONCERNING … BECOMES LAW.
Article 1
Government Regulation In Lieu of Law No. … of … concerning … (Statute Book of the Republic of Indonesia of ... No. ... , Supplement to Statute Book of the Republic of Indonesia No. …) is determined becomes law and it is attached as integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
C. LAW DRAFT OF RATIFICATION OF INTERNATIONAL AGREEMENT THAT DOES NOT USE INDONESIAN LANGUAGE AS ONE OF OFFICIAL LANGUAGES
LAW OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
RATIFICATION OF CONVENTION …
(original international agreement language that is ratified and followed by Indonesian language as translation)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW CONCERNING RATIFICATION OF CONVENTION …
(original international agreement language that is ratified and followed by Indonesian language as translation).
Article 1
(1) To ratify Convention of … (original international agreement language that is ratified and followed by Indonesian language as translation) … with Reservation (Condition) to Article ... concerning … .
(2) Copy of original document of Convention of … (original international agreement language that is ratified and followed by Indonesian language as translation) … with Reservation (Condition) to Article ... concerning … in English and its translation in Indonesian language as attached and is integral part of this Law.
Article 2
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. ..
D. FORMAT OF LAW DRAFT OF AMENDMENT TO THE LAW
LAW OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
AMENDMENT TO THE LAW No. … OF … CONCERNING … (for first amendment) or
SECOND AMENDMENT TO THE LAW No. ... OF ... CONCERNING ... (for second amendment, etc.)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW CONCERNING AMENDMENT TO THE LAW No. … OF … CONCERNING ... .
Article I
Several provisions in Law No. ... of … concerning … (Statute Book of the Republic of Indonesia of … No. …, Supplement to Statute Book of the Republic of Indonesia No. … ) shall be amended as follows:
1. Provision of article ... (contents are depend on requirement), etc.
Article II
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
E. FORMAT OF LAW DRAFT REVOCATION OF LAW
LAW OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
REVOCATION OF LAW No. … OF …
CONCERNING … (Name of Law)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW CONCERNING REVOCATION OF LAW
No. … OF … CONCERNING ... .
Article 1
Law No. … of … concerning ... (Statute Book of the Republic of Indonesia of … No. ..., Supplement to Statute Book of the Republic of Indonesia No. …) shall be revoked and declared null and void (for Law already come into force) or shall be cancelled and declared null and void (for Law already promulgated but not comes into force yet).
Article 2
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
F. FORMAT OF LAW DRAFT REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW
LAW OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. … OF … CONCERNING …
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDES:
To stipulate: LAW No. ... OF … CONCERNING REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW No. … OF … CONCERNING …
Article 1
Government Regulation In Lieu of Law No. … of ... concerning ... (Statute Book of the Republic of Indonesia of …. No. ..., Supplement to Statute Book of the Republic of Indonesia No. …) shall be revoked and declared null and void (for Government Regulation In Lieu of Law already come into force) or shall be cancelled and declared null and void (for Government Regulation In Lieu of Law already promulgated but not comes into force yet).
Article 2
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
G. DRAFT OF GOVERNMENT REGULATION IN LIEU OF LAW
GOVERNMENT REGULATION IN LIEU OF LAW OF THE REPUBLIC OF INDONESIA
No. …. OF …..
CONCERNING
(Name of Government Regulation In Lieu of Law)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
DECIDES:
To stipulate: GOVERNMENT REGULATION IN LIEU OF LAW
CONCERNING … (Name of Government Regulation In Lieu of Law).
CHAPTER I
…
Article 1
CHAPTER II
...
Article …
CHAPTER
(etc.)
Article 2
This Government Regulation In Lieu of Law shall come into force on the date of promulgation.
For public cognizance, this Government Regulation In Lieu of Law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who hold government affair in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No. …
H. FORMAT OF DRAFT OF GOVERNMENT REGULATION
REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
(Name of Government Regulation)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
DECIDES:
To stipulate: GOVERNMENT REGULATION CONCERNING …. (name of Government Regulation).
CHAPTER I
…
Article 1
CHAPTER II
Article …
CHAPTER …
(etc.)
Article …
This Government Regulation shall come into force on the date of promulgation.
For public cognizance, this Government Regulation shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No.…
I. FORMAT OF DRAFT OF PRESIDENTIAL REGULATION
REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
(Name of Presidential Regulation)
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
DECIDES:
To stipulate: PRESIDENTIAL REGULATION CONCERNING …. (Name of Presidential Regulation).
CHAPTER I
…
Article 1
CHAPTER II
Article …
CHAPTER …
(etc.)
Article …
This Presidential Regulation shall come into force on the date of promulgation.
For public cognizance, this Presidential Regulation shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
on …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF … No.…
J. FORMAT OF DRAFT OF MINISTERIAL REGULATION
REGULATION OF THE MINISTER OF … OF THE REPUBLIC OF INDONESIA
No. … OF …
CONCERNING
(Name of Ministerial Regulation)
BY THE GRACE OF ALMIGHTY GOD
MINISTER OF …OF THE REPUBLIC OF INDONESIA,
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
DECIDES:
To stipulate: REGULATION OF THE MINISTER OF … CONCERNING …. (Name of Ministerial Regulation).
CHAPTER I
…
Article 1
CHAPTER II
Article …
CHAPTER …
(etc.)
Article …
This Ministerial Regulation shall come into force on the date of promulgation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on …
MINISTER OF ... OF THE REPUBLIC OF INDONESIA,
sign
NAME
Promulgated in Jakarta
on …
MINISTER (who held government affairs in the field of law),
sign
NAME
STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF … No.…
K. FORMAT OF DRAFT OF PROVINCE REGULATION
PROVINCE REGULATION OF … (Province's Name)
No. … OF …
CONCERNING
(name of Regional Regulation)
BY THE GRACE OF ALMIGHTY GOD
GOVERNOR OF (Province's Name),
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
REGIONAL HOUSE OF REPRESENTATIVES OF … (Province's Name)
and
GOVERNOR OF … (Province's Name)
DECIDES:
To stipulate: REGIONAL REGULATION CONCERNING ... (Name of Regional Regulation)
CHAPTER I
GENERAL PROVISIONS
Article 1
CHAPTER II
…
Article …
CHAPTER …
(etc.)
Article ...
This Regional Regulation shall come into force on the date of promulgation.
For public cognizance, this Regional Regulation shall be promulgated by placing it in the Regional Book of … (Province's Name) Province.
Stipulated in …
on …
GOVERNOR OF … (Province's Name)
sign
NAME
Promulgated in …
on …
SECRETARY OF… (Province's Name) PROVINCE,
sign
NAME
REGIONAL BOOK OF … (Province's Name) PROVINCE OF … No. …
L. FORMAT OF DRAFT OF REGENCY/MUNICIPALITY REGULATION
REGULATION OF REGIONAL REGENCY/MUNICIPALITY… (name of regency/municipality)
No. … OF …
CONCERNING
(name of Regional Regulation)
BY THE GRACE OF ALMIGHTY GOD
REGENT/MUNICIPAL GOVERNMENT OF (name of regency/municipality),
Considering: a. that …;
b. that …;
c. etc. …;
In view of: 1. …;
2. …;
3. etc. …;
By Joint Approval of:
REGIONAL HOUSE OF REPRESENTATIVES OF ... REGENCY/ MUNICIPALITY (name of regency/municipality)
and
REGENT/MUNICIPAL GOVERNMENT OF … (name of regency/municipality)
DECIDES:
To stipulate: REGIONAL REGULATION CONCERNING ... (Name of Regional Regulation).
CHAPTER I
GENERAL PROVISIONS
Article 1
CHAPTER II
…
Article …
CHAPTER …
(etc.)
Article …
This Regional Regulation shall come into force on the date of promulgation.
For public cognizance, this Regional Regulation shall be promulgated by placing it in the Regional Book of ... Regency/Municipality (name of regency/municipality).
Stipulated in …
on …
REGENT/MUNICIPAL GOVERNMENT OF … (name of regency/municipality),
sign
NAME
Promulgated in …
on …
SECRETARY OF REGENCY/MUNICIPALITY (name of regency/municipality),
sign
NAME
REGIONAL BOOK OF ... REGENCY/MUNICIPALITY (name of regency/municipality) OF … No. …
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed.
DR. H. SUSILO BAMBANG YUDHOYONO