Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Ali Salmande, Andin Aditya Rahman
Suhariyono, an expert member of staff at the Ministry of Law and Human Rights has asserted that the Government will no longer accept foreign funding in drafting laws to make certain foreign interests are not incorporated into Indonesian laws.
“Before the reformation era, we allowed foreign assistance in drafting and discussing draft bills, and now we are refusing it. We are preventing foreign interests from entering,” he stated during a seminar at Trisakti University in Jakarta on Tuesday.
In addition to rejecting foreign intervention, Suhariyono also asserted that the Government is making its best efforts to harmonize the interests of all stakeholders.
He explained that one draft bill may incorporate the interests of many stakeholders. There are requests from institutions related to the draft bill, aspirations of Indonesian citizens, and even interests that are expressed by advocates and lawyers.
“We hear them all out and harmonize them,” stated the expert staff member.
The Government is, according to Suhariyono, doing all it can to remain neutral in establishing and discussing draft bills. A prime example is the draft bill on Indonesia’s new criminal procedure law which, during its drafting and discussion, it was no surprise to see a tug of war between the police, public prosecutors, advocates and judges.
“For a draft bill such as this, we usually appoint an academic as the team leader, so the process remains neutral,” he concluded.
On another occasion, Ronald Rofiandri, a researcher at the Center for Indonesian Law and Policy Studies (PSHK), explained that there are at least two methods by which foreign funds enter draft bill discussions.
The first is foreign funders require Indonesia to enact a certain law. An example of this is Law No. 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations, which was a requirement for assistance from the International Monetary Fund (IMF).
The second is through foreign funds to facilitate the drafting or discussion on a draft bill. Ronald stated that the draft bill of Law No. 23 of 2006 on Population Administration was an example of this.
“Discussions that are funded by foreign funds have indeed been rare of late,” he stated to Hukumonline in an interview on Thursday.
However, Ronald is of the opinion that the Government need not refuse foreign funds completely, “as long as two conditions are set down by the Government before receiving such assistance,” Ronald said.
The first condition is the Government and House of Representatives have a clear plan laid out to enact a particular law.
Second, the foreign funds may be accepted, provided that the budget allocated for the draft bill is insufficient, or the draft bill regulates uncharted waters for Indonesia and further input is required from more experienced nations. For example, a draft bill on disaster management might need an in-depth study from Japan, and consequently require more funding.
“So in my opinion it is alright for Indonesia to receive assistance from Japan to invite Japanese experts to provide input to that kind of draft bill,” concluded Ronald.
(hot/kc)
Ali Salmande, Andin Aditya Rahman
Suhariyono, an expert member of staff at the Ministry of Law and Human Rights has asserted that the Government will no longer accept foreign funding in drafting laws to make certain foreign interests are not incorporated into Indonesian laws.
“Before the reformation era, we allowed foreign assistance in drafting and discussing draft bills, and now we are refusing it. We are preventing foreign interests from entering,” he stated during a seminar at Trisakti University in Jakarta on Tuesday.
In addition to rejecting foreign intervention, Suhariyono also asserted that the Government is making its best efforts to harmonize the interests of all stakeholders.
He explained that one draft bill may incorporate the interests of many stakeholders. There are requests from institutions related to the draft bill, aspirations of Indonesian citizens, and even interests that are expressed by advocates and lawyers.
“We hear them all out and harmonize them,” stated the expert staff member.
The Government is, according to Suhariyono, doing all it can to remain neutral in establishing and discussing draft bills. A prime example is the draft bill on Indonesia’s new criminal procedure law which, during its drafting and discussion, it was no surprise to see a tug of war between the police, public prosecutors, advocates and judges.
“For a draft bill such as this, we usually appoint an academic as the team leader, so the process remains neutral,” he concluded.
On another occasion, Ronald Rofiandri, a researcher at the Center for Indonesian Law and Policy Studies (PSHK), explained that there are at least two methods by which foreign funds enter draft bill discussions.
The first is foreign funders require Indonesia to enact a certain law. An example of this is Law No. 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations, which was a requirement for assistance from the International Monetary Fund (IMF).
The second is through foreign funds to facilitate the drafting or discussion on a draft bill. Ronald stated that the draft bill of Law No. 23 of 2006 on Population Administration was an example of this.
“Discussions that are funded by foreign funds have indeed been rare of late,” he stated to Hukumonline in an interview on Thursday.
However, Ronald is of the opinion that the Government need not refuse foreign funds completely, “as long as two conditions are set down by the Government before receiving such assistance,” Ronald said.
The first condition is the Government and House of Representatives have a clear plan laid out to enact a particular law.
Second, the foreign funds may be accepted, provided that the budget allocated for the draft bill is insufficient, or the draft bill regulates uncharted waters for Indonesia and further input is required from more experienced nations. For example, a draft bill on disaster management might need an in-depth study from Japan, and consequently require more funding.
“So in my opinion it is alright for Indonesia to receive assistance from Japan to invite Japanese experts to provide input to that kind of draft bill,” concluded Ronald.
(hot/kc)