Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Rofiq Hidayat
House must conclude unfinished draft bills. Photo by: RES
The House of Representatives’ (House) inbox is looking ever fuller as regards the 2014-2019 legislative period. Indeed, many of the draft bills set for deliberation under the National Legislation Program (Prolegnas) for the 2015 period are yet to be completed.
Moreover, the House has also been working in conjunction with the government in order to prepare several new draft bills which will be incorporated into the next Prolegnas (which will cover the 2016 period). The government and the House have thus been urged to prioritize pending legislation not completed during the 2015 period as we move into 2016.
Indriaswati D. Saptaningrum, Director of the Public Advocacies and Studies Agency (ELSAM), has bemoaned the House’s poor performance as regards the 2015 Prolegnas. Of the 37 draft bills listed under the 2015 Prolegnas, the House has only been able to revise three laws to date, namely the Law on Regional Elections; the Law on Regional Government; and Law No. 17 of 2014, which repeals and replaces Law No. 27 of 2009.
“As a result of this paltry achievement, it would be better if the government and the House prioritized the completion of the draft bills still pending from the 2015 Prolegnas, which have yet to be deliberated or which are still in their preliminary stages,” explained Mrs. Saptaningrum in a press release obtained by hukumonline on Wednesday, 18 November 2015.
Mrs. Saptaningrum firmly believes that such a strategy is crucial to ensure that the draft bills incorporated under the Prolegnas, which is formulated every five years, are deliberated and passed into law within the 2015-2019 period.
According to Saptaningrum, several draft bills included under the 2015 Prolegnas will play a significant role in the improvement of Indonesia’s legal system and its approach to human rights. Therefore, it is necessary to reincorporate these draft bills under the 2016 Prolegnas so that they are ready for further deliberation before passing into law.
In her press release, Mrs. Saptaningrum revealed the draft bills that she believes to be crucial for the improvement of country’s legal system and overall approach to human-rights. The revision of the Criminal Code, which is still in its preliminary stages at Commission III will be one vital element of any such improvement. The revision of Law No. 11 of 2008 on Electronic Transactions and Information (ITE Law) is also yet to be deliberated, despite being considered vital in order to protect free speech in the country.
Mrs. Saptaningrum asserts that the criminal sanctions incorporated under the ITE Law, specifically as they pertain to the crime of defamation as stipulated under Article 27 (3), have been abused in order to criminalize Indonesian citizens’ legitimate right to freedom of expression. Based on this argument, this provision must be revoked so that it can be incorporated into the proposed revision to the Criminal Code, which is currently under deliberation.
Also commenting on this matter, Totok Darmanto, Vice Chair of the Legislation Board (Baleg), asserted that his institution had planned to meet with the Ministry of Law and Human Rights in order to discuss which draft bills would be incorporated into the 2016 Prolegnas.
Unfortunately though, this meeting was postponed for various reasons. Mr. Darmanto further stated that the 2016 Prolegnas would not be focusing on a specific total number of draft bills, but rather on how badly Indonesian society needed a specific draft bill in order to avoid being faced with a legal vacuum.
Despite this noble intention however, the House has already proposed some 40 draft bills. These proposals are to be further screened by the government in order to determine which will prove most important to the citizens of Indonesia. Moreover, many believe that a number of these draft bills can be combined into a single draft bill, such as the Draft Bill on Haj Savings and the Draft Bill on the Management of Haj Pilgrimages.
Firman Subagyo, another Vice Chair of Baleg, is of the same opinion as Mrs. Saptaningrum and believes that pending draft bills from 2015 should be rolled over into the 2016 Prolegnas. However, Mr. Subagyo also added that there was an urgent need to limit the total number of draft bills which would end up being incorporated into the 2016 Prolegnas.
“Rationally speaking, a limitation is necessary. This problem is not solely due to the poor performance [of the House], but also relates to budgetary constraints,” concluded Mr. Subagyo.
(sp)
Marcell Sihombing, Rofiq Hidayat
House must conclude unfinished draft bills. Photo by: RES
The House of Representatives’ (House) inbox is looking ever fuller as regards the 2014-2019 legislative period. Indeed, many of the draft bills set for deliberation under the National Legislation Program (Prolegnas) for the 2015 period are yet to be completed.
Moreover, the House has also been working in conjunction with the government in order to prepare several new draft bills which will be incorporated into the next Prolegnas (which will cover the 2016 period). The government and the House have thus been urged to prioritize pending legislation not completed during the 2015 period as we move into 2016.
Indriaswati D. Saptaningrum, Director of the Public Advocacies and Studies Agency (ELSAM), has bemoaned the House’s poor performance as regards the 2015 Prolegnas. Of the 37 draft bills listed under the 2015 Prolegnas, the House has only been able to revise three laws to date, namely the Law on Regional Elections; the Law on Regional Government; and Law No. 17 of 2014, which repeals and replaces Law No. 27 of 2009.
“As a result of this paltry achievement, it would be better if the government and the House prioritized the completion of the draft bills still pending from the 2015 Prolegnas, which have yet to be deliberated or which are still in their preliminary stages,” explained Mrs. Saptaningrum in a press release obtained by hukumonline on Wednesday, 18 November 2015.
Mrs. Saptaningrum firmly believes that such a strategy is crucial to ensure that the draft bills incorporated under the Prolegnas, which is formulated every five years, are deliberated and passed into law within the 2015-2019 period.
According to Saptaningrum, several draft bills included under the 2015 Prolegnas will play a significant role in the improvement of Indonesia’s legal system and its approach to human rights. Therefore, it is necessary to reincorporate these draft bills under the 2016 Prolegnas so that they are ready for further deliberation before passing into law.
In her press release, Mrs. Saptaningrum revealed the draft bills that she believes to be crucial for the improvement of country’s legal system and overall approach to human-rights. The revision of the Criminal Code, which is still in its preliminary stages at Commission III will be one vital element of any such improvement. The revision of Law No. 11 of 2008 on Electronic Transactions and Information (ITE Law) is also yet to be deliberated, despite being considered vital in order to protect free speech in the country.
Mrs. Saptaningrum asserts that the criminal sanctions incorporated under the ITE Law, specifically as they pertain to the crime of defamation as stipulated under Article 27 (3), have been abused in order to criminalize Indonesian citizens’ legitimate right to freedom of expression. Based on this argument, this provision must be revoked so that it can be incorporated into the proposed revision to the Criminal Code, which is currently under deliberation.
Also commenting on this matter, Totok Darmanto, Vice Chair of the Legislation Board (Baleg), asserted that his institution had planned to meet with the Ministry of Law and Human Rights in order to discuss which draft bills would be incorporated into the 2016 Prolegnas.
Unfortunately though, this meeting was postponed for various reasons. Mr. Darmanto further stated that the 2016 Prolegnas would not be focusing on a specific total number of draft bills, but rather on how badly Indonesian society needed a specific draft bill in order to avoid being faced with a legal vacuum.
Despite this noble intention however, the House has already proposed some 40 draft bills. These proposals are to be further screened by the government in order to determine which will prove most important to the citizens of Indonesia. Moreover, many believe that a number of these draft bills can be combined into a single draft bill, such as the Draft Bill on Haj Savings and the Draft Bill on the Management of Haj Pilgrimages.
Firman Subagyo, another Vice Chair of Baleg, is of the same opinion as Mrs. Saptaningrum and believes that pending draft bills from 2015 should be rolled over into the 2016 Prolegnas. However, Mr. Subagyo also added that there was an urgent need to limit the total number of draft bills which would end up being incorporated into the 2016 Prolegnas.
“Rationally speaking, a limitation is necessary. This problem is not solely due to the poor performance [of the House], but also relates to budgetary constraints,” concluded Mr. Subagyo.
(sp)