to Indonesian
Law Concerning Establishment of Regulations for the implementation of the instruction of Article 22A Constitution of the Republic of Indonesia of 1945, which states that"Further provisions on the procedure of formation of Law shall be further regulated by Law." However, the scope of the substance of the Law This Law not only expanded Regulations but also include others, besides Constitution of the Republic of Indonesia of 1945 and the People's Consultative Assembly Decree.
Law Concerning Establishment of Regulations based on the premise that the State of Indonesia is a country of law. As state law, all aspects of life in the field of social, national, and state including the governments should be based on the law in accordance with national legal systems. System of national law is the law in force in Indonesia with all its elements are mutually supporting one another in order to anticipate and resolve problems that arise in the life of society, nation, and state based on Pancasila and the Constitution of the Republic of Indonesia of 1945.
This Law is the refinement of the weaknesses in Law No. 10 of 2004, which among others:
As a refinement of the previous Law, there is a new substance is added in This Law, which among others:
In general, this Act contains materials that were prepared systematically as follows: the principle of the formation of legislation; types, hierarchies, and the substance of legislation; planning legislation; the preparation of legislation; techniques preparation of legislation; discussion and ratification of the Bill; discussion and decision on the Draft Regulations and Draft Regulations Provincial District / Town; promulgation of legislation; dissemination; participation in the establishment of legislation, and other provisions Another load of the establishment of a Presidential Decree and other state agencies and government.
Stages of planning, preparation, discussion, approval and confirmation, and the promulgation of the measures which basically must be taken in the formation of legislation. However, these steps would be implemented in accordance with the requirements or conditions and the type and hierarchies of certain legislation that its formation is not governed by this Act, such as discussion of the Draft Regulation, the Draft Regulation of the President, or the discussion of draft legislation referred to in Article 8 paragraph (1).
In addition to the new material, perfecting technique also held drafting legislation along with examples that are placed in Appendix II. Completion of engineering drafting legislation intended to further clarify and provide clearer guidelines and must be accompanied by an example for the preparation of legislation, including legislation in the area.
Self explanatory.
Placement of Pancasila as the source of all sources of state law is in accordance with the Preamble to the Constitution of the Republic of Indonesia of 1945 is the fourth paragraph, that is Belief in God Almighty, Just and civilized humanity, The unity of Indonesia, Democracy guided by the wisdom of the Consultative/Representative, and Social justice for all people of Indonesia.
Putting the Pancasila as the basis and ideology of the state as well as the state philosophical basis so that content of Rules should not conflict with the values contained in Pancasila.
The definition of"basic law" is the basic norms for the Making Rules that is the source of law for the Making Rules under the Constitution of the Republic of Indonesia of 1945.
Self explanatory.
Self explanatory.
Self explanatory.
Letter a
What is meant by"the principle of clear purpose" is that each Making Rules should have clear objectives to be achieved.
Letter b
What is meant by"the principle made by proper agency or official" is that any kind of Rule should be made by state agencies or officials Forming Rules authorized. The Rule may be canceled or annulled by the law if it was created by state agency or official are not authorized.
Letter c
What is meant by"the principle to match with types, hierarchy, and the contents" is that the Making Rules should truly consider the right contents according to the type and the hierarchy of Rules.
Letter d
What is meant by"the principle of can be implemented" is that every Making Rules should take into account the effectiveness of such Rules in the community, both philosophical, sociological, and legal.
Letter e
What is meant by"the principles of versatility and result" is that every Rule is make because it is really necessary and useful in regulating the life of community, nation and state.
Letter f
What is meant by"the principle of clear formulation" is that every Rule must meet the technical requirements of the preparation of Rule, systematic, choice of words or terms, as well as the legal language that is clear and easy to understand so as not to cause a variety of interpretations in the implementation.
Letter g
What is meant by"the principle of openness" is that the formation of Rules from planning, preparation, discussion, approval or determination, and the enactment is transparent and open. Thus, all layers of society have the widest possible opportunity to provide input in the Making Rules.
Letter a
What is meant by"the principle of protection" is that every Content of Rules should serve to give protection to create the public tranquility.
Letter b
What is meant by"the principle of humanity" is that every Content of Rules should reflect the protection and respect for human rights and dignity of all citizens and residents of Indonesia in proportional.
Letter c
What is meant by"the principle of nationality" is that every Content of Rules should reflect the nature and character of Indonesia's diverse peoples while maintaining the principle of the Unitary Republic of Indonesia.
Letter d
What is meant by"the principle of family" is that every Content of Rules should reflect discussion to reach consensus in any decision making.
Letter e
What is meant by"the principle of character of Indonesia" is that every Content of Rules should always take into consideration the interests of the whole of Indonesia and the Content of Rules made in the regional is part of the national legal system based on Pancasila and the Constitution of the Republic of Indonesia in 1945.
Letter f
What is meant by"the principle of unity in diversity" is that the Content of Rules should pay attention to the diversity of the population, religion, ethnicity and class, the special conditions in the region as well as cultural life of community, nation and state.
Letter g
What is meant by"the principle of fairness" is that every Content of Rules should reflect the proportional fairness for every citizen.
Letter h
What is meant by"the principle of equality position in law and government" is that every Content of Rules should not contain things that are differentiating based on the background, among other, religion, ethnicity, race, class, gender, or social status.
Letter i
What is meant by"the principles of order and certainly of law" is that every Content of Rules should be able to create order in community through the guarantee of legal certainty.
Letter j
What is meant by"the principle of balance, match, and harmony" is that every Content of Rules should reflect balance, match, and harmony, among the interests of individuals, communities and interests of the people and nation.
What is meant by"other principles in accordance the rules", such as :
a. in the Criminal Law, for example, the principle of legality, the principle of no punishment without fault, the principle of fostering prisoners, and the presumption of innocence;
b. in Civil Law, for example, the law of contract, among other, the principle of consensus, freedom of contract, and goodwill.
Letter a
Self explanatory.
Letter b
What is meant by"Instruction of the People's Consultative Council Decree" is the People's Consultative Council Decree and Stipulation of the People's Consultative Council which is still valid as intended in Article 2 and Article 4 of the People's Consultative Assembly Decree of the Republic of Indonesia No.: I/MPR/2003 Concerning Review of Contents and Legal Status of the Temporary People's Consultative Council Decree and the People's Consultative Council Decree of 1960 up to of 2002, dated August 7, 2003.
Letter c
Self explanatory.
Letter d
Self explanatory.
Letter e
Self explanatory.
Letter f
Included in the Provincial Regulation is Qanun that is applied in Aceh Province and Special Regional Regulation (Perdasus) and Provincial Regulation (Perdasi) applicable in the provinces of Papua and West Papua.
Letter g
Included in the Regency/City Regulation is Qanun that is applied in the Regency/Municipality in Aceh province.
In this provision what is meant by"hierarchy" is the level of each type of Rules based on the principle that the lower Regulations must not conflict with a higher Regulations.
What is meant by"Ministerial Regulation" is regulation established by the Minister based on the content in the framework to implement specified affairs of government.
What is meant by"under authority" is the operation of certain affairs of government in accordance with the provisions of Rules.
Self-explanatory.
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
What is meant by"certain international agreement" is International agreement which has wide impact and fundamental for the lives of people associated with the financial burden of state and/or the agreement require changes or the establishment of Law with the approval of DPR.
Letter d
What is meant by"follow-up of the Constitutional Court Decree" relates to the Constitutional Court Decree on the testing of the Law to the Constitution of the Republic of Indonesia of 1945.
Contents that are made, associated with the paragraph, chapter, and/or part of the Law which are clearly stated in the Constitutional Court Decree against the Constitution of the Republic of Indonesia of 1945.
Letter e
Self-explanatory.
Follow-up on the Constitutional Court ruling is intended to prevent a legal vacuum.
Self-explanatory.
What is meant by"implement the Law properly" is determination of Government Regulation to implement the instruction of Law or to implement the Law as necessary by not deviating from the contents set out in the relevant Law.
Presidential Regulation was formed to conduct further regulation or instruction of Law or Government Regulation clearly or not clearly orders its formation.
Self-explanatory.
Self-explanatory.
Self-explanatory.
What is meant by"the national legal system" is effecive legal system in Indonesia with all its elements including mutual support of one another in order to anticipate and resolve problems that arise in the life of the nation, state, and society based on Pancasila and the Constitution of the Republic of Indonesia of 1945.
Letter a
Self-explanatory.
Letter b
What is meant by"Instruction of the People's Consultative Council Decree" is the People's Consultative Council Decree and Stipulation of the People's Consultative Council which is still valid as intended in Article 2 and Article 4 of the People's Consultative Assembly Decree of the Republic of Indonesia No. I/MPR/2003 Concerning Review of Contents and Legal Status of the Temporary People's Consultative Council Decree and the People's Consultative Council Decree of 1960 up to of 2002, dated August 7, 2003.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.
Self-explanatory.
Self-explanatory.
What is meant by"study and matching" is the process to determine the relationship of contents to be governed with other vertical or horizontal Rules so as to prevent overlapping of regulations or authorities.
Self-explanatory.
Self-explanatory.
Self-explanatory.
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What is meant by"Minister who held government affairs in the field of law" is the Minister of Law and Human Rights.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Letter a
What is meant by"certain international agreement" is International agreement which has wide and fundamental impact for the lives of people associated with the financial burden of state and/or the agreement require changes or the establishment of Law with the approval of DPR.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.
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This provision is intended to keep the Provincial Regulations remain in the same system with the national legal system.
Self-explanatory.
Self-explanatory.
What is meant by"study and matching" is the process to determine the relationship of contents to be governed with other vertical or horizontal Rules so as to prevent overlapping regulation or authority.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
What is meant by"related vertical agencies" is among others, agencies of ministries who operate government administrations in the field of law.
Self-explanatory.
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Self-explanatory.
Assignment of Minister and the delivery of Problems List (DIM) shall be prepared within a period of 60 (sixty) days.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In a period of 60 (sixty) days, the DPR has completed the preparation of DIM.
Self-explanatory.
Self-explanatory.
What is meant by"next meeting" is the first meeting session of DPR after stipulation of Government Regulation In Lieu of Law.
Self-explanatory.
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Article 59
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
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Self-explanatory.
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Self-explanatory.
Self-explanatory.
Self-explanatory.
This provision is intended to simplify the recall mechanism of Law Draft.
Self-explanatory.
Self-explanatory.
Period of 7 (seven) days is considered appropriate to prepare all technical issues related to writing the Law Draft to the Presidential Official Gazette up to the signing of the Law ratification by the President and signing of and promulgation to the Statute Book of the Republic of Indonesia by Minister who held government affairs in the field of law.
Self-explanatory.
Self-explanatory.
In the discussion Draft of Province Regulation in Province DPRD, governor can be represented, except in the filing and decision making.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
With the promulgation of the Rules in official gazette as intended in this provision, any person deemed to have been informed.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Applicability of Rules is not same with the date of promulgation is possible for the preparation of structure and infrastructure and readiness of the Rules implementers.
What is meant by"dissemination" is the activity of conveying information to the public on Prolegnas, Law Draft is being arranged, discussed, and which has been promulgated so that the public can provide feedback or response to the Law or to understand the Law which was promulgated. Dissemination of Regulations is carried out, for example, through electronic media and/or printed media.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
What is meant by"dissemination" is the activity of conveying information to the public on the Prolegda, Draft of Province Regulation, or Draft of Reegency/Municipality Regulation are being arranged, discussed, and which were promulgated so people can provide feedback or response to the Regional Regulation or to understand the Province Regulation or Regency/Municipality Regulation have been promulgated. Dissemination of Rules is carried out, for example, through electronic media and/or printed media.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Included in the group of people such as, community groups/organizations, professional groups, NGOs, and indigenous peoples.
Self-explanatory.
Self-explanatory.
What is meant by"Planner of Regulations" are civil servants who were given fully tasks, responsibilities, authority, and rights, by the competent authority to perform activities of preparing the Draft of Rules and/or other legal instrument in accordance with the Regulations.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA No. 5234