Govt. Proposes New Draft Bills for Inclusion in 2016 National Legislative Program

 

Ari Pramuditya, Rofiq Hidayat

ojkMinister of Law and Human Rights Yasonna H Laoly. Photo by: RES


With 2016 just around the corner, the government, House of Representatives (“House”) and Regional Representatives Council (Dewan Perwakilan Daerah – “DPD”) has begun listing the various draft bills (Rancangan Undang-Undang – “RUU”) which will eventually feature in the 2016 Priority National Legislative Program (Program Legislasi Nasional -“Prolegnas”). This is in spite of the fact that no consensus has yet been reached as to the final number of draft bills which will be incorporated into the 2016 Prolegnas.
 
At a recent legislative meeting held at the DPD, the Minister of Law and Human Rights, Yasonna H Laoly, stated that the government was aiming to propose a number of new draft bills for inclusion in the 2016 Prolegnas. These draft bills, Mr. Laoly stated, relate to the 2015-2019 Mid-term Prolegnas, the as-yet uncompleted 2015 Prolegnas, and also the 2016 Government Strategic Work Plan.
 
“This move was devised in a bid to maintain the quality of Indonesia’s laws and to support the 2005-2025 Long-Term National-Development plan, as well as the 2015-2019 Mid-Term National-Development plan,” explained Mr. Laoly.
 
The government is proposing that 15 new draft bills be incorporated into the 2016 Prolegnas. According to Mr. Laoly, these newly proposed draft bills include, among others, a Draft Bill on Financial Relations Between Central and Local Governments. “This draft bill is set to replace Law No.33 of 2004 on Financial Balance Between Central and Local Governments,” Laoly clarified.
 
Other bills set for late inclusion in the 2016 Prolegnas include the Draft Bill on Income Tax, the Draft Bill on Indonesian Development-Financing Institutions, the Draft Bill on Value-Added Tax and Sales of Luxury Goods, the Draft Bill on the Amendment of the Rupiah Price, the Draft Bill on Land and Building Tax, the Draft Bill on the Amendment to Law No. 5 of 1990 on the Conservation of Biological Resources and Ecosystems, the Draft Bill on Chemicals, and the Draft Bill on the Amendment to Law No. 18 of 2002 on the National System for Research, Development and Application of Science and Technology.
 
Further bills slated for inclusion in next year’s program are the Draft Bill on Legal Metrology, the Draft Bill on Restrictions on Physical Currency Transactions, the Draft Bill on State Secrets, the Draft Bill on Industrial Design, the Draft Bill on Mutual Assistance in Criminal Matters, the Draft Bill on the Amendment to Law No. 15 of 2003 on the Determination of Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of Terrorism.
“The government is hoping that the House and the DPD, as well as the government itself, will be able to reaffirm their commitment, cooperation, and mutual understanding as regards preparations for next year’s Prolegnas,” explained Mr. Laoly.
 
Unfinished Draft Bills
 
Passing comment on the country’s lack of legislative productivity throughout 2015, Mr. Laoly admitted that a number of the draft bills included by the government on the 2015 Prolegnas had not been completed, although discussions had been initiated. Among these legislative failures were the Draft Bill on the Criminal Code, the Draft Bill on Brands, the Draft Bill on Patents, the Draft Bill on the Financial System Safety Net, the Draft Bill on the Amendment to Law No. 20 of 1997 on Non-Tax Revenues, the Draft Bill on Quarantine and Health, the Amendment to Law No.11 of 2008 on Information and Electronic Transactions, the Amendment to Law No. 6 of 1983 on General Provisions and Tax Procedures, and the Draft Bill on Stamp Duty.
 
Vice Chairman of the Indonesian Legislature, Firman Subagyo, urged the government, the DPD, and the House to ensure that only draft bills accompanied by academic papers were proposed to the Legislative Body. Subagyo asserted that the House should learn from past experience, when a number of proposed draft bills were not ultimately supported by any academic papers.
 
“Claims were made that academic papers for the draft bills in question had been prepared, however these papers have yet to be submitted, despite the fact that it’s already December and this year’s legislative program is at an end,” Subagyo asserted.
 
As a result of this inactivity, a number of draft bills listed under the 2015 Prolegnas have not yet been completed. This is a familiar pattern at the Indonesian legislature, where draft bills are often carried over into the following year. Consequently, the House is burdened with an ever-increasing legislative backlog.
 
“The only draft bill that is currently waiting to be passed by the house is the Draft Bill on Guarantees,” Mr. Subagyo concluded.


(rfs/sp)

 

 
 

Ari Pramuditya, Rofiq Hidayat

ojkMinister of Law and Human Rights Yasonna H Laoly. Photo by: RES


With 2016 just around the corner, the government, House of Representatives (“House”) and Regional Representatives Council (Dewan Perwakilan Daerah – “DPD”) has begun listing the various draft bills (Rancangan Undang-Undang – “RUU”) which will eventually feature in the 2016 Priority National Legislative Program (Program Legislasi Nasional -“Prolegnas”). This is in spite of the fact that no consensus has yet been reached as to the final number of draft bills which will be incorporated into the 2016 Prolegnas.
 
At a recent legislative meeting held at the DPD, the Minister of Law and Human Rights, Yasonna H Laoly, stated that the government was aiming to propose a number of new draft bills for inclusion in the 2016 Prolegnas. These draft bills, Mr. Laoly stated, relate to the 2015-2019 Mid-term Prolegnas, the as-yet uncompleted 2015 Prolegnas, and also the 2016 Government Strategic Work Plan.
 
“This move was devised in a bid to maintain the quality of Indonesia’s laws and to support the 2005-2025 Long-Term National-Development plan, as well as the 2015-2019 Mid-Term National-Development plan,” explained Mr. Laoly.
 
The government is proposing that 15 new draft bills be incorporated into the 2016 Prolegnas. According to Mr. Laoly, these newly proposed draft bills include, among others, a Draft Bill on Financial Relations Between Central and Local Governments. “This draft bill is set to replace Law No.33 of 2004 on Financial Balance Between Central and Local Governments,” Laoly clarified.
 
Other bills set for late inclusion in the 2016 Prolegnas include the Draft Bill on Income Tax, the Draft Bill on Indonesian Development-Financing Institutions, the Draft Bill on Value-Added Tax and Sales of Luxury Goods, the Draft Bill on the Amendment of the Rupiah Price, the Draft Bill on Land and Building Tax, the Draft Bill on the Amendment to Law No. 5 of 1990 on the Conservation of Biological Resources and Ecosystems, the Draft Bill on Chemicals, and the Draft Bill on the Amendment to Law No. 18 of 2002 on the National System for Research, Development and Application of Science and Technology.
 
Further bills slated for inclusion in next year’s program are the Draft Bill on Legal Metrology, the Draft Bill on Restrictions on Physical Currency Transactions, the Draft Bill on State Secrets, the Draft Bill on Industrial Design, the Draft Bill on Mutual Assistance in Criminal Matters, the Draft Bill on the Amendment to Law No. 15 of 2003 on the Determination of Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of Terrorism.
“The government is hoping that the House and the DPD, as well as the government itself, will be able to reaffirm their commitment, cooperation, and mutual understanding as regards preparations for next year’s Prolegnas,” explained Mr. Laoly.
 
Unfinished Draft Bills
 
Passing comment on the country’s lack of legislative productivity throughout 2015, Mr. Laoly admitted that a number of the draft bills included by the government on the 2015 Prolegnas had not been completed, although discussions had been initiated. Among these legislative failures were the Draft Bill on the Criminal Code, the Draft Bill on Brands, the Draft Bill on Patents, the Draft Bill on the Financial System Safety Net, the Draft Bill on the Amendment to Law No. 20 of 1997 on Non-Tax Revenues, the Draft Bill on Quarantine and Health, the Amendment to Law No.11 of 2008 on Information and Electronic Transactions, the Amendment to Law No. 6 of 1983 on General Provisions and Tax Procedures, and the Draft Bill on Stamp Duty.
 
Vice Chairman of the Indonesian Legislature, Firman Subagyo, urged the government, the DPD, and the House to ensure that only draft bills accompanied by academic papers were proposed to the Legislative Body. Subagyo asserted that the House should learn from past experience, when a number of proposed draft bills were not ultimately supported by any academic papers.
 
“Claims were made that academic papers for the draft bills in question had been prepared, however these papers have yet to be submitted, despite the fact that it’s already December and this year’s legislative program is at an end,” Subagyo asserted.
 
As a result of this inactivity, a number of draft bills listed under the 2015 Prolegnas have not yet been completed. This is a familiar pattern at the Indonesian legislature, where draft bills are often carried over into the following year. Consequently, the House is burdened with an ever-increasing legislative backlog.
 
“The only draft bill that is currently waiting to be passed by the house is the Draft Bill on Guarantees,” Mr. Subagyo concluded.


(rfs/sp)

 

 
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