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Ada Pertanyaan? Hubungi Kami Jasmine Abdurrachim, Rofiq Hidayat
Photo by: RES
Indonesia’s House of Representatives (“House”) is the center of public attention once more. Once again, the House’s general tardiness, as well as a lack of coordination between the House and the government, is hampering the preparation and discussion of a number of Draft Bills. It is thus almost a certainty then that the target set under the 2015 Prolegnas (National Legislative Program) will not be achieved.
A strategy is therefore urgently needed in order to ensure that the 2016 Prolegnas sees discussions and deliberations regarding a far greater number of submitted Draft Bills, as well as prioritization of the most important bills. So stated Ronald Rofiandri, Director of Advocacy and Network Monitoring at the Center of Law and Policy Studies (“PSHK”).
In Mr. Rofiandri’s view, the extreme slowness of the deliberation process is hampering the implementation of laws and the general progress of the country. Examples include Law No. 12 of 2011on Higher Education and Law No. 16 of 2012on the Defense Industry. Mr. Rofiandri believes that the House should take the obstacles and constraints encountered during the 2015 Draft Bill discussions as valuable lessons, so that next year, there’s a greater likelihood of the 2016 Prolegnas Draft Bill target being met.
With this in mind, the PSHK has suggested several proposed Draft Bills in the fields of law and human rights that it believes should be prioritized next year. The first step is the drafting of a Law relating to the Criminal Code (“RKUHP”), followed by the Draft Bill relating to organizations. Third up for debate would be the Draft Bill on Police Regulation Amendments. And, fourthly would be the Draft Bill on Road Traffic and Transportation Regulation Amendments. And last but not least, would be the Draft Bill on the Amendment to Law and Regulation Creation.
Miko Susanto Ginting, a PSHK researcher, stated at the House on 7 September 2015 that the Draft Bill on Road Traffic and Transportation had not originally been included in the five-year Prolegnas. However, after weighing up the fact that a huge number of traffic violations are committed here, it was decided to urgently prioritize the revision of the Law.
Azriana, head of Indonesia's National Commission on Violence against Women said that the commission has suggested that the Draft Bill on the Eradication of Sexual Violence also be prioritized during the 2016 Prolegnas, due to an upswing in cases of sexual violence. Azriana believes that legislation is urgently required so that victims’ rights are protected by a formal legal umbrella.
The commission has completed 15 years of study into the issues surrounding sexual violence, and has identified at least 15 types of abuse, including: rape, intimidation, sexual harassment, forced prostitution, sexual exploitation, sexual slavery, forced marriage and abortion. However, only two of these 15 types of sexual violence are currently accommodated under the Criminal Law, while the other 13 do not yet fall within the ambit of any specific legal protection.
In Azriana’s view, the revision process regarding Criminal Law and Criminal Acts Procedure Law is extremely slow, and many victims of sexual violence are thus not sufficiently protected by the law.
“For this reason, the idea of a specific Law to regulate sexual violence needs to be prioritized during the 2015-2019 Prolegnas,” stated Azriana.
Ahmad Hanafi, Deputy Director of the Indonesian Parliamentary Centre (IPC) believes that in order to achieve a high-quality legislative target, the House should take a more active role with regard to including input from various stakeholders during the deliberation and discussion of certain draft bills. This can be achieved through, for example, the strengthening of partnerships with universities, LSM, and stakeholders in general. Mr. Hanafi remains hopeful though that a productive five-year legislative roadmap can be formulated and implemented.
With regard to the 2016 Prolegnas draft bill, the IPC has offered a number of constructive suggestions. These include revisions to the Election Law, the Oil and Gas Law, and the Indonesian Migrant Workers Protection Law, as well as to the Disabled Law. It is hoped that these will be prioritized within the framework of the 2016 Prolegnas.
Firman Subagyo, Deputy Chairman of the Legislation Office, has pledged his support for the PSHK, IPC and National Commission on Violence against Women and believes that the suggestions offered by these bodies contain strong arguments. However, these suggestions, according to Mr. Subagyo, are still required to follow current procedures with regard to their being incorporated and prioritized into the list of putative Prolegnas draft bills.
“We we do understand the level of urgency though,” explained Mr. Subagyo.
Subagyo has also pledged his full support for the National Commission on Violence against Women as regards the importance of the Draft Bill on the Eradication of Sexual Violence. Mr. Subagyo stated for the record that such criminal violence was increasing at an alarming rate and was raising concerns across the political spectrum.
“The PSHK’s suggestion is both highly relevant and important, and the Police Law will need to be revised,” concluded Mr. Subagyo.
(sp)
Jasmine Abdurrachim, Rofiq Hidayat
Photo by: RES
Indonesia’s House of Representatives (“House”) is the center of public attention once more. Once again, the House’s general tardiness, as well as a lack of coordination between the House and the government, is hampering the preparation and discussion of a number of Draft Bills. It is thus almost a certainty then that the target set under the 2015 Prolegnas (National Legislative Program) will not be achieved.
A strategy is therefore urgently needed in order to ensure that the 2016 Prolegnas sees discussions and deliberations regarding a far greater number of submitted Draft Bills, as well as prioritization of the most important bills. So stated Ronald Rofiandri, Director of Advocacy and Network Monitoring at the Center of Law and Policy Studies (“PSHK”).
In Mr. Rofiandri’s view, the extreme slowness of the deliberation process is hampering the implementation of laws and the general progress of the country. Examples include Law No. 12 of 2011on Higher Education and Law No. 16 of 2012on the Defense Industry. Mr. Rofiandri believes that the House should take the obstacles and constraints encountered during the 2015 Draft Bill discussions as valuable lessons, so that next year, there’s a greater likelihood of the 2016 Prolegnas Draft Bill target being met.
With this in mind, the PSHK has suggested several proposed Draft Bills in the fields of law and human rights that it believes should be prioritized next year. The first step is the drafting of a Law relating to the Criminal Code (“RKUHP”), followed by the Draft Bill relating to organizations. Third up for debate would be the Draft Bill on Police Regulation Amendments. And, fourthly would be the Draft Bill on Road Traffic and Transportation Regulation Amendments. And last but not least, would be the Draft Bill on the Amendment to Law and Regulation Creation.
Miko Susanto Ginting, a PSHK researcher, stated at the House on 7 September 2015 that the Draft Bill on Road Traffic and Transportation had not originally been included in the five-year Prolegnas. However, after weighing up the fact that a huge number of traffic violations are committed here, it was decided to urgently prioritize the revision of the Law.
Azriana, head of Indonesia's National Commission on Violence against Women said that the commission has suggested that the Draft Bill on the Eradication of Sexual Violence also be prioritized during the 2016 Prolegnas, due to an upswing in cases of sexual violence. Azriana believes that legislation is urgently required so that victims’ rights are protected by a formal legal umbrella.
The commission has completed 15 years of study into the issues surrounding sexual violence, and has identified at least 15 types of abuse, including: rape, intimidation, sexual harassment, forced prostitution, sexual exploitation, sexual slavery, forced marriage and abortion. However, only two of these 15 types of sexual violence are currently accommodated under the Criminal Law, while the other 13 do not yet fall within the ambit of any specific legal protection.
In Azriana’s view, the revision process regarding Criminal Law and Criminal Acts Procedure Law is extremely slow, and many victims of sexual violence are thus not sufficiently protected by the law.
“For this reason, the idea of a specific Law to regulate sexual violence needs to be prioritized during the 2015-2019 Prolegnas,” stated Azriana.
Ahmad Hanafi, Deputy Director of the Indonesian Parliamentary Centre (IPC) believes that in order to achieve a high-quality legislative target, the House should take a more active role with regard to including input from various stakeholders during the deliberation and discussion of certain draft bills. This can be achieved through, for example, the strengthening of partnerships with universities, LSM, and stakeholders in general. Mr. Hanafi remains hopeful though that a productive five-year legislative roadmap can be formulated and implemented.
With regard to the 2016 Prolegnas draft bill, the IPC has offered a number of constructive suggestions. These include revisions to the Election Law, the Oil and Gas Law, and the Indonesian Migrant Workers Protection Law, as well as to the Disabled Law. It is hoped that these will be prioritized within the framework of the 2016 Prolegnas.
Firman Subagyo, Deputy Chairman of the Legislation Office, has pledged his support for the PSHK, IPC and National Commission on Violence against Women and believes that the suggestions offered by these bodies contain strong arguments. However, these suggestions, according to Mr. Subagyo, are still required to follow current procedures with regard to their being incorporated and prioritized into the list of putative Prolegnas draft bills.
“We we do understand the level of urgency though,” explained Mr. Subagyo.
Subagyo has also pledged his full support for the National Commission on Violence against Women as regards the importance of the Draft Bill on the Eradication of Sexual Violence. Mr. Subagyo stated for the record that such criminal violence was increasing at an alarming rate and was raising concerns across the political spectrum.
“The PSHK’s suggestion is both highly relevant and important, and the Police Law will need to be revised,” concluded Mr. Subagyo.
(sp)