to Indonesian
As a state based on Pancasila and the Constitution of the Republic of Indonesia of 1945, all aspects of life in the fields of social, national, and state including the government must always be based on law.
To realize the state law required the orderly arrangement such as in the field of formation of rules. Orderly formation of Rules should be started in the planning up to promulgation. To establish good rules, it is required various requirements associated with the system, principles, procedures for preparation and discussion, drafting technical and enforcement.
So far, there are various provisions relating to the Making Rules including preparation techniques of rules, well arranged overlapping for regulations from the colonial period as well as those made after Indonesia's independence, namely:
1. Algemeene Bepalingen Wetgeving van voor Indonesie, which is abbreviated as AB (Statute Book 1847: 23) which regulates the general provisions of the Rules. While on the Making Rules, the provisions of AB is no longer applicable as a whole because it has been stipulated in the national Rules.
2. Law No. 1/1950 concerning Regulation on the Types and Forms Issued by the Central Government. This Law is the Law of the State of the Republic of Indonesia Yogyakarta.
3. Law No. 2/1950 concerning Establishing the Emergency Law on the Publishing Statute Book of the Republic of Indonesia States and State Gazette of the Republic of Indonesia States and on the Removing, Announce, and Entry into Force of Federal Laws and Government Regulations as Federal Laws.
4. In addition to those Laws, there are also provisions:
5. In the House of Representatives and regional parliaments, apply disciplinary regulation that govern, such as, about the manner of the discussion for draft of law and the draft of the regional regulations as well as the submission and discussion of the Draft of Law and regional regulation proposed by House of Representatives or the regional legislative.
With the change of Constitution of the Republic of Indonesia of 1945, particularly Article 20 paragraph (1) which determines that the House of Representatives holds the power to make law, the above Rules are no longer appropriate. Thus it is required Law which regulates Making Rules, as the juridical basis in the Making Rules both at central and regional levels, as well as a complete and integrated set properly on the system, principles, types and material content of Rules, preparation, discussion and legalization, promulgation and distribution, as well as public participation.
This Law is basically meant to establish a standard provisions on the procedures for Making Rules, as well as to fulfill the instruction of Article 22A of Constitution of the Republic of Indonesia of 1945 and Article 6 of Decree of People's Consultative Assembly No. III/MPR/2000 concerning Source of Law and Rules Order.
But this Law only set Making Rules includes Law/Government Regulation In Lieu of Law, Government Regulation, Presidential Regulation, and Regional Regulation. While the Development of Constitution is not provided for in this Law. This is because it is not under the Law forming competence.
In This Law, in the planning stage is set on the National Legislation Program and the Regional Legislative Program in the framework to arrange a planned, staged, directed, and integrated rules.
To support the development of Rules, it is required designer of rules as qualified functional who has the task of preparing, processing, and formulate a draft of Rules.
Self-explanatory.
Placement of Pancasila as the source of all sources of state law is in accordance with the Preamble of Constitution of the Republic of Indonesia of 1945, which puts ideology Pancasila as the basis and ideology of the state as well as the philosophical basis of the nation and state that any content of Rules must not conflict with the values contained in Pancasila.
Constitution of the Republic of Indonesia of 1945, which contains the basic law of nations is a source of law for Making Rules under the Constitution.
Self-explanatory.
This provision states that the Constitution of the Republic of Indonesia of 1945 effective as stipulated by the People's Consultative Assembly.
Further stipulated in this Law is only Law under it, because Constitution does not include competency forming Law.
Letter a
What is meant by "clear purpose" is that every development Regulations shall have clear objectives to be achieved.
Letter b
What is meant by the principle of "made by proper agency or official " is that any kind of Regulations must be made by agencies/officials authorized Forming Regulations. Regulations may be canceled or annulled by law, if made by the agencies/officials who are not authorized.
Letter c
What is meant by the principle of "match between the type and the contents" is that the Development of Rules should really pay attention to the substances of the right kind of Rule.
Letter d
What is meant by the principle of "can be implemented" is that each Development of Rules should take into account the effectiveness of the Rules in the community, in philosophical, juridical and sociological.
Letter e
What is meant by the principle of "versatility and result" is that any Regulations made because it is really necessary and useful in regulating the life of society, the nation and state.
Letter f
What is meant by the principle of "clear formulation" is that each Rule shall meet the technical requirements of the preparation of Rules, systematic and choice of words or terminology, as well as its legal language is clear and easy to be 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 in the process of development or Rules from the planning, preparation, arrangement, and discussions are transparent and open. Thus all levels of society have the widest possible opportunity to provide input in the process of making Rules.
Letter a
What is meant by "principle of protection" is that any Material Contents of Regulations must function to provide protection in order to create public tranquility.
Letter b
What is meant by "the principle of humanity" is that any Material Contents of Rules must reflect the protection and respect for human rights and dignity of every citizen and residents of Indonesia in proportional.
Letter c
What is meant by "principle of nationality" is that every Material Contents or Rules must reflect the nature of the pluralistic nature of Indonesian people (diversity) while maintaining the principle of the unitary state of the Republic of Indonesia.
Letter d
What is meant by "principle of family" is that every Material Contents of Rules must reflect discussion to reach consensus in any decision making.
Letter e
What is meant by "the principle of character of Indonesia" is that every Material Contents of Rules should always take into consideration the interests of the whole of Indonesia and material contents of the Regulations are made in the area is part of the national legal system based on Pancasila.
Letter f
What is meant by "the principle of unity in diversity" is that the Material Contents of Rules must consider the diversity of the population, religion, ethnicity and class, the special conditions, and culture, especially concerning sensitive issues in the life of society, nation, and state.
Letter g
What is meant by "the principle of fairness" is that any Materials Contents of Rules must reflect the proportionally fairness for every citizen without exception.
Letter h
What is meant by "the principle of equality position in law and government" is that every Material Contents of Rules must not contain things that are differentiating based on the background, such as, religion, ethnicity, race, class, gender, or social status.
Letter i
What is meant by "the principle of order and the certain of law" is that every Material Contents of Rules must be to create order in the society through the guarantee of legal certainty.
Letter j
What is meant by "the principle of balance, match, and harmony" is that every material contents of Regulations should reflect balance, match, and harmony, between individual and community interests with the interests of nation and state.
What is meant by "another principle in accordance with the field of relevant Rules", such as:
a. in the Criminal Code, for example, the principle of legality, the principle of no punishment without fault, the principle of fostering inmates, and the presumption of innocence;
b. in Civil Law, for example, in the law of contract, such as, the principles of agreement, freedom of contract, and goodwill.
Self-explanatory.
Letter a
Included in this type of Province Regulations are the Qanun prevailing in the Region of Nangroe Aceh Darussalam Province; also Perdasus and Perdasi prevailing in the Papua Province.
Letter b
Self-explanatory.
Letter c
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Types of Rules in addition to these provisions, such as, regulations issued by the People's Consultative Council and House of Representatives, Regional Representatives Council, the Supreme Court, the Constitutional Court, the State Audit Board, Bank Indonesia, the Minister, head of the agency, institution, or commission equivalent established by the Law or the government for based on instruction of Law, the Provincial Regional House of Representatives, Governor, Regency/Municipality Regional House of Representatives, Regent/Mayor, the head of village or the equivalent.
In this provision what is meant by "hierarchy" is the hierarchy of each type of Rules based on the principle that the lower Regulations must not conflict with a higher Regulation.
Self-explanatory.
Self-explanatory.
What is meant by "properly" is a substances set out in Government Regulation should not deviate from the material set out in the relevant Law.
In accordance with the position of President according to Law of the Republic of Indonesia of 1945, Presidential Regulation is a regulation made by the President in running the state government as the attribution of Article 4 paragraph (1) of Constitution of the Republic of Indonesia of 1945.
Presidential Regulation is formed to conduct further regulation or instruction of Law or Government Regulation either expressly or not expressly ordered its establishment.
Self-explanatory.
What is meant by "same level" in this provision is another name for village-level governance.
Self-explanatory.
In order for the Establishment of Regulations can be implemented in a planned, then the Establishment of Rules should be based on National Legislation Program. The National Legislation Program determines priorities scale in accordance with the development of the legal needs of the community. For this purpose, then in the National Legislation Program contains a long-term medium, or annually legislation program,.
National Legislation Program only includes Rules preparation program in the central level. In the preparation of such programs it is should be determined the subject want to be set and its relation to other Rules. Therefore, the preparation of the National Legislation Program arranged in a coordinated, focused, and organized integrated together by the House of Representatives and the Government.
For the preparation of regional Regulations is conducted based on the Regional Legislative Program. In addition to above things, the Regional Legislation Program is intended to keep the regional Regulations remain in the unity in the national legal system.
Self-explanatory.
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In this provision what is meant by "In certain case" is a condition that requires settings that are not listed in the National Legislation Program.
Self-explanatory.
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What is meant by "distribution" in this provision is to make the public knows of the draft of law is being discussed in the House of Representatives to provide input to the material being discussed.
Distribution is done through electronic media such as television, radio, internet, and print media such as newspapers, magazines, and circulars.
Self-explanatory.
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What is meant by "the following meeting" is meeting period of the House of Representatives which is separate only one recess.
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As the draft of law, draft of regional regulation is also distributed, for example through Televisi Republik Indonesia, Radio Republik Indonesia, internet, print media such as newspapers, magazines, and circulars in the areas concerned, so the general public knows of the draft of the regional regulation is discussed in the regional legislative. Thus the public can provide input on the matter of draft of regional regulation is being discussed.
Self-explanatory.
Provisions on the discussion draft of law as intended in this Article shall also apply to the discussion draft of Law:
a. House of Representatives proposed initiative;
b. ratification;
c. for determination of government regulation in lieu of law;
d. determination of state revenue and expenditure budget and the financial memorandum;
e. changes in state revenue and expenditure budget; and
f. calculation of the state budget.
Self-explanatory.
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This provision is intended to simplify the withdrawal mechanism draft of law.
Self-explanatory.
Submission of Draft of Law which was approved by the House of Representatives and the Government to the President, accompanied by Letter by Head of House of Representatives. Draft of law formally become Law after approved by the President.
Period of 7 (seven) days is considered appropriate to prepare all technical matters relating to the writing of the draft of law to the President's official sheet up to the signing of the ratification and signing of the Law by the President as well as Promulgation to the Statute Book of the Republic of Indonesia by the Minister who has duties and responsibilities in the field of rules.
The 30 (thirty) days period is in accordance with the provisions of article 20 paragraph (5) of Constitution of the Republic of Indonesia of 1945.
Self-explanatory.
In the discussion draft of the regional regulation in the regional legislative, governor or regent/mayor of can be represented, except in the filing and decision making.
Self-explanatory.
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Self-explanatory.
Refinement techniques and the writing of the draft of law which still contains the error includes also the format of the draft of law.
With the promulgation of the Rules in the official gazette as intended in this provision is deemed to have everyone knows about it.
Self-explanatory.
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Rules are promulgated in the Regional Gazette such us Province Regulation, Village Regulations, or village regulation in the village area.
Self-explanatory.
Applicability of Rules are not the same as the date of promulgation, is possible for the preparation structure and infrastructure as well as preparation of apparatus implementing these Rules.
What is meant by "distribution" is for the general public knows and understands the Rules and know/understand the content and purposes contained therein. Distribution of Rules is carried out, for example, through electronic media such as Televisi Republik Indonesia and Radio Republik Indonesia or print media.
What is meant by "distribution" is for the public knows the Rules in the area and know/understand the content and purposes contained therein. Distribution of Rules is carried out, for example, through electronic media such as Televisi Republik Indonesia and Radio Republik Indonesia, local stations, or print media published in the areas concerned.
Public's rights under this provision is implemented in accordance with the Procedures Regulation of House of Representatives/Regional Legislative.
The provisions of this Article regarding the decision in the administration of the various institutions that existed before this Law was enacted and known by the decisions that do not govern.
Self-explanatory.
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SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA No. 4389