to Indonesian
a. that making rules is one of the requirements in the framework of developing a national law that can only be achieved if supported by a certain and standard manner and method are binding on all institutions authorized to make the rules;
b. that to improve coordination and the smooth process of making rules, the Republic of Indonesia as a state based on law needs to has regulation on the making rules;
c. that during these provisions relating to making rules contained in some of the regulations which are no longer in accordance with the constitutional law of the Republic of Indonesia;
d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to stipulate Law concerning Making Rules;
Article 20, Article 20A paragraph (1), Article 21, and Article 22A Constitution of the Republic of Indonesia of 1945;
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
LAW CONCERNING ESTABLISHMENT OF LEGISLATION
In the meaning of this Law:
1. Making Rules is the process of making Rules are basically starting from the planning, preparation, preparation techniques, formulation, discussion, legalization, promulgation, and distribution.
2. Rules are written regulation established by the state agency or authorized official and binding in general.
3. Law is Rules established by the House of Representatives by joint approval with President.
4. Government Regulation In Lieu of Law is the Rules set by the President In case of urgency.
5. Government Regulation is Rules are set by the President to implement the Law as it should.
6. Presidential Regulation is Rules made by the President.
7. Regional Regulations is Regulation established by the regional legislative with by joint approval with head of area.
8. Village regulations/regulations that are equivalent are Regulations made by the representatives of the village or the other name along with the head of village or the other name.
9. National Legislation Program is the instruments for planning of establishment of planned, integrated, and systematic Law.
10. Regional Legislation program is the instrument for planning of establishment of planned, integrated, and systematic Regional Regulation.
11. Promulgation is the placement of the Rules in the Statute Book of the Republic of Indonesia, Supplement to Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Supplement to State Gazette of the Republic of Indonesia, Regional Book, or the Regional Gazette.
12. The Rules substances is substances in the Rules in accordance with the type, function, and hierarchy of Rules.
Pancasila is the source of all sources of state law.
(1) Constitution of the Republic of Indonesia of 1945 is the basic law of the Rules.
(2) Constitution of the Republic of Indonesia of 1945 was placed in the Statute Book of the Republic of Indonesia.
(3) Placement of Constitution of the Republic of Indonesia of 1945 in the Statute Book of the Republic of Indonesia does not constitute the basis of its application.
Regulations are further governed in this Law includes Law and Regulation under it.
Making Rules should based on the principles of good Making Rules, which include:
(1) Substances of Rules contain principles of:
(2) In addition to the principle as intended in paragraph (1), certain Rules may contain certain other principles in accordance with the field of relevant Rules.
(1) Types and hierarchy of Rules are as follows:
(2) Regional Regulation as intended in paragraph (1) e include:
(3) Further provisions on the procedure of making village regulation/same level regulation will be governed by the regency/municipality Regulation.
(4) Types of Rules other than as intended in paragraph (1), recognized and have the force of binding all ordered by higher Rule.
(5) The power of Rules is in accordance with the hierarchy as intended in paragraph (1).
Substances should be governed by Law will are:
The substances of Government Regulation In Lieu of Law same with the substances of Law.
The substances of Government Regulation contains materials to run Law properly.
The substances of Presidential Regulation contains materials that was ordered by the Law or the materials to implement the Government Regulation.
The substances of Regional Regulation are the whole materials in the framework of regional autonomy and duty of assistance, and to accommodate special local conditions as well as further elaboration of the higher Regulations.
The substances of the Village/same level Regulation are the whole materials in the framework implementation of the affairs of the village or the equivalent as well as further elaboration of the higher Regulations.
The substances of the criminal provisions can only be loaded in the Law and Regional Regulation.
(1) Planning of Law development is made in National Legislation Program.
(2) Planning of the Regional Regulations development is made in a Regional Legislation Program.
(1) Formulation of National Legislation Program between the House of Representatives and the Government is coordinated by the House of Representatives through House of Representatives section in the field of legislation.
(2) Formulation of National Legislation Program in the House of Representatives environment is coordinated by the House of Representatives section in the field of legislation.
(3) Formulation of National Legislation Program in Governmental environment is coordinated by the Minister who has duties and responsibilities in the field of Rules.
(4) Further provisions on the procedure of preparation and management of the National Legislation Program as intended in paragraph (1) will be governed by Presidential Regulation.
(1) Draft of Law both derived from the House of Representatives, the President, and of the Regional Representative Council organized based on the National Legislation Program.
(2) Draft of Law proposed by the Regional Representative Council as intended in paragraph (1) is the Draft of Law relating to regional autonomy, the central and regional relations, the establishment and expansion as well as merger of regions, management of natural resources and other economic resources, as well as relating to the balance between central and local financial.
(3) In certain cases, House of Representatives or the President may submit the Draft of Law in the outside of the National Legislation Program.
(1) Draft of Law proposed by the President is prepared by the Minister or head non ministerial government agency, in accordance with the scope of duties and responsibilities.
(2) Harmonizing, agreeing, and stabilization of the conception of the Draft of Law from the President, are coordinated by the Minister who has duties and responsibilities in the field of rules.
(3) Further provisions on the procedure of preparing the Draft of Law as intended in paragraph (1) will be governed by Presidential Regulation.
(1) Draft of Law that is derived from the House of Representatives proposed by the House of Representatives.
(2) Draft of Law from the Regional Representative Council may be filed by the Regional Representatives Council to the House of Representatives.
(3) Further provisions on the procedure to propose the Draft of Law as intended in paragraph (1) and paragraph (2) will be governed by Procedures Regulation of House of Representatives and Procedures Regulation of Regional Representatives Council.
(1) Draft of Law prepared by the President is submitted with a letter of President to the head of the House of Representatives.
(2) The letter of President as intended in paragraph (1) determines such as, the minister who is assigned to represent the President in conducting the discussion for draft of Law at the House of Representatives.
(3) House of Representatives begin to discuss the Draft of Law as intended in paragraph (1), at the latest within 60 (sixty) days since received a letter of President.
(4) For the purposes of the discussion of draft of Law at the House of Representatives, Minister or head of the initiating agency reproduces the text of the draft of law as the amount required.
(1) Draft of Law prepared by the House of Representatives and letter of head of the House of Representatives are delivered to the President.
(2) The President assigns minister as representative to discuss the Draft of Law with the House of Representatives within 60 (sixty) days since received the letter of head of the House of Representatives.
(3) Minister as intended in paragraph (2) coordinates the preparation of a discussion with the minister who has duties and responsibilities in the field of rules.
(1) Distribution of Draft of Law which comes from the House of Representatives held by the Secretariat General of the House of Representatives.
(2) Distribution of Draft of Law from the President is carried out by the initiating agency.
If within a period of meeting, the House of Representatives and the President proposed same material in draft of law, the draft of law submitted by the House of Representatives is discussed, and the draft of law submitted by the President is used as comparison materials.
Further provisions on the procedure of preparing the draft of government regulation in lieu of law, the draft of government regulation, and draft of presidential regulation will be governed by Presidential Regulation.
(1) Government Regulation In Lieu of Law must be submitted to the House of Representatives in the following meeting.
(2) Submission of Government Regulation In Lieu of Law as intended in paragraph (1) is conducted in the form of submission of the Draft of Law on the determination of government regulation in lieu of law becomes law.
(3) In case of Government Regulation In Lieu of Law is rejected by the House of Representatives, the Government Regulation In Lieu of Law is not applicable.
(4) In case of Government Regulation In Lieu of Law is rejected by the House of Representatives, the President proposed draft of law on the revocation of government regulation in lieu of law which can also arrange all the consequences of rejection.
Draft of regional regulation can be derived from the regional legislative or governor, or regent/mayor, respectively as head of administration in the province, regency, or municipality.
Further provisions on the procedure of preparing the draft of regional regulation derived from governor, or regent/mayor will be governed by Presidential Regulation.
(1) Draft of regional regulation may be submitted by member, commission, joint commission, or section of regional legislative who specialize in the field of legislation.
(2) Further provisions on the procedure of preparing the draft of the regional regulation as intended in paragraph (1) is governed in Procedures Regulation of Regional Legislative.
(1) Draft of regional regulation that has been prepared by the governor or regent/mayor is submitted with the letter of governor or regent/mayor to the regional legislative by the governor or regent/mayor.
(2) Draft of regional regulation that has been prepared by the regional legislative is submitted by head of regional legislative to the governor or regent/mayor.
(1) Distribution of draft of regional regulation that come from the regional legislative is implemented by the secretariat of the regional legislative.
(2) Distribution of draft regional regulation that come from governor or regent/mayor is implemented by the Regional Secretary.
If within a meeting period, the governor or regent/mayor and regional legislative submit same materials draft of regional regulation, the draft of the regional regulation submitted by the regional legislative will be discussed and draft of the regional regulation submitted by Governor or regent/mayor is used as material for comparison.
(1) Discussion on draft of law at the House of Representatives is conducted by House of Representatives together with the President or the Minister who is assigned.
(2) Discussion on Draft of Law as intended in paragraph (1) relating to regional autonomy, the central and regional relations, the establishment, expansion, and merger of regions, management of natural resources and other economic resources, as well as financial balance between central and local is made to include the Regional Representatives Council.
(3) The participation of the Regional Representatives Council in the discussion draft of Law as intended in paragraph (2) only at the commission/committee/section meeting of House of Representatives who specializes in the field of legislation.
(4) The participation of the Regional Representatives Council in the discussion draft of Law as intended in paragraphs (2) and (3) is represented by the commission in charge of the material content of the draft of law that is discussed.
(5) The discussion together as intended in paragraph (1) is done through discussion levels.
(6) The discussion levels as intended in paragraph (5) carried out in commission/committee/section meeting of House of Representatives who specialize in the field of legislation and plenary session.
(7) Further provision on the procedure of the discussion of draft of Law as intended in paragraph (6) will be governed by Procedures Regulation of the House of Representatives.
House of Representatives notifies Regional Representatives Council on the starting of the discussion of draft of law as intended in Article 32 paragraph (2).
Regional Representatives Council gives consideration to the House of Representatives on the Draft of Law on the state revenue and expenditure budget and the draft of law relating to taxes, education, and religion.
(1) Draft of law may be withdrawn before it is discussed jointly by the House of Representatives and the President.
(2) Draft of law is being discussed only be withdrawn by mutual consent of the House of Representatives and the President.
(3) Further provisions on the procedure of withdrawal of the Draft of law as intended in paragraph (2) will be governed by Procedures Regulation of the House of Representatives.
(1) Discussion on draft of law on the determination of government regulation in lieu of law becomes law is implemented through a mechanism similar to the discussion draft of law.
(2) House of Representatives only accept or reject the Government Regulation In Lieu of Law.
(3) In case of draft of law on the determination of government regulation in lieu of law becomes law is rejected by the House of Representatives, the Government Regulation In Lieu of Law is declared void.
(4) In case of Government Regulation In Lieu of Law is rejected by House of Representatives, the President proposed draft of law on the revocation of government regulation in lieu of law which can also arrange all the consequences of the rejection.
(1) Draft of law which is agreed upon by the House of Representatives and the President, is submitted by the head of the House of Representatives to the President for approval becomes Law.
(2) Submission of draft of law as intended in paragraph (1) shall within a period of 7 (seven) days from the date of join approval.
(1) Draft of law as intended in Article 37 is legalized by the President by put a sign within 30 (thirty) days since the draft of law jointly approved by the House of Representatives and the President.
(2) In case of draft of law as intended in paragraph (1) is not signed by the President within 30 (thirty) days since the Draft of Law jointly approved, the draft of law is legal becomes Law and should be promulgated.
(3) In case of legalization of draft of law as intended in paragraph (2), then the legalization sentence is read: This Law declared valid based on the provisions of article 20 paragraph (5) of Constitution of the Republic of Indonesia of 1945.
(4) The sentence of legalization, which reads as intended in paragraph (3) will be affixed on the last page of Law before the Promulgation of Law Text into Statute Book of the Republic of Indonesia.
(1) Government Regulation is determined to implement the Law.
(2) Each Law shall include the deadline determination of Government Regulation and other regulations such as the implementation of the Law.
(3) Determination of Government Regulation and other regulations required in the operation of state governmental are not at the request of the Law expressly exempted from the provisions as intended in paragraph (2).
(1) Discussion of Draft of Regional Regulation in regional legislative is represented by regional legislative with the governor or regent/mayor.
(2) The join discussion as intended in paragraph (1) is done through discussion levels.
(3) Levels of discussion as intended in paragraph (2) are done in commission/committee/section meeting of regional legislative who specialize in the field of legislation and a plenary session.
(4) Further provisions on the procedure of the discussion draft of the regional regulation as intended in paragraph (3) will be governed by Procedures Regulation of Regional Legislative.
(1) Draft of regional regulation may be withdrawn before it is discussed jointly by the regional legislative and the governor or regent/mayor.
(2) Draft of regional regulation under discussion can only be withdrawn with the joint consent of the regional legislative and the governor or regent/mayor.
(3) Further provisions on the procedure of withdrawal of the draft of the regional regulation will be governed by Procedures Regulation of Regional Legislative.
(1) Draft of regional regulation that has been jointly approved by the regional legislative and the governor or regent/mayor is delivered by the head of regional legislative to the governor or regent/mayor to be determined as Regional Regulation.
(2) Submission of draft of regional regulation as intended in paragraph (1) shall within 7 (seven) days from the date of joint approval.
(1) Draft of regional regulation as intended in Article 42 is determined by the governor or regent/mayor by put the sign within 30 (thirty) days since the draft of the regional regulation jointly approved by the regional legislative and the governor or regent/mayor.
(2) In case of draft of regional regulation as intended in paragraph (1) is not signed by the governor or regent/mayor within 30 (thirty) days since the draft of the regional regulation was jointly approved, the draft of regional regulation is legal become Regional Regulation and shall be promulgated.
(3) In case of legalization of draft of regional regulation as intended in paragraph (2), then the legalization sentence is read: This Regional Regulation declared legal.
(4) The sentence of legalization, which reads as intended in paragraph (3) will be affixed on the last page of the Regional Regulation before the promulgation of the Regional Regulation to the Regional Book.
(1) Preparation of draft of rules is in accordance with the rules development technical.
(2) The provisions on the rules development technical as intended in paragraph (1) listed in the attachment that is inseparable part of this Law.
(3) Further provision on the changes to the rules development technical as intended in paragraph (2) will be governed by Presidential Regulation.
For public cognizance, Regulations must be promulgated by placing it in:
(1) Ruless are enacted in the Statute Book of the Republic of Indonesia, including:
(2) Other Rules under applicable Regulations must be promulgated in the State Gazette of the Republic of Indonesia.
(1) Supplement to Statute Book of the Republic of Indonesia includes elucidations of Rules contained in the Statute Book of the Republic of Indonesia.
(2) Supplement to State Gazette of the Republic of Indonesia includes elucidations of Rules contained in State Gazette of the Republic of Indonesia.
Promulgation of Rules in the Statute Book of the Republic of Indonesia or the State Gazette of the Republic of Indonesia as intended in Article 46 is implemented by the Minister who has duties and responsibilities in the field of rules.
(1) Rules are promulgated in Regional Book is a Regional Regulation.
(2) Regulation of the Governor, Regulation of Regent/Mayor, or other regulations under it was published in the Regional Gazette.
(3) The promulgation of Regional Regulation in Regional Book and Regional Gazette implemented by the regional secretary.
Rule comes into force and have binding force on the promulgation date, unless otherwise specified in the relevant Rule.
Government is obliged to distribute the Rules that has been promulgated in the Statute Book of the Republic of Indonesia or the State Gazette of the Republic of Indonesia.
Local government is obliged to distribute the Regional Regulation has been promulgated in the Regional Book and regulations under it that have been promulgated in the Regional Gazette.
The public has rights to give input orally or in writing in preparing or discussion the draft of law and draft of regional regulation.
Preparation technical and/or form a Presidential Decree, Decree of the Head of People's Consultative Assembly and Decree of Head of the House of Representatives, Decree of the Head of Regional Representatives Council, Decree of the Head of the Supreme Court, Decree of the Head of the Constitutional Court, Decree of the State Audit Board, Decree of Governor of Bank Indonesia, Decree of the Minister, decree of the head of such level agency, institution, or commission, Decree of the Head of Province Legislative, Decree of Governor, Decree of Head of Regency/Municipality Legislative, Decree of Regent/Mayor, Decree of Head of Village or such level should be based on development technical and/or form are governed by this Law.
Promulgation of Rules in the Statute Book of the Republic of Indonesia or the State Gazette of the Republic of Indonesia by the Minister who has duties and responsibilities as intended in Article 48, carried at least 1 (one) year after the promulgation of this Law.
All the Decrees of the President, Decrees of Minister, Decrees of Governor, Decrees of Regent/Mayor, or other official decrees as intended in Article 54 that are set up, which already existed before this Law applies, should be read as regulation, as long as not contrary to this Law.
When this Law comes into force then:
This Law shall come into force on the date of promulgation, which became effective on November 1, 2004.
For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on June 22, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on June 22, 2004
SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA,
signed
BAMBANG KESOWO
STATUTE BOOK OF THE REPUBLIC OF INDONESIA No. 53/2004