- The House of Representatives (Dewan Perwakilan Rakyat - "DPR") recently revised the National Legislation Program (Program Legislasi Nasional – "Prolegnas") for 2021 by adding four more Draft Regulations which are targeted for promulgation by the end of this year. Said additions encompass the following: 1) Draft Law on the Criminal Code; 2) Draft Law on Corrections (pemasyarakatan); 3) Draft Law on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions; and 4) Draft Law on the Audit Board (Badan Pemeriksa Keuangan).
- According to Fajri Nursyamsi, Director for Advocacy and Networking at the Indonesia Centre for Legal and Policy Studies (Pusat Studi Hukum dan Kebijakan Indonesia – "PSHK"), the DPR should immediately issue the Prolegnas for 2022 instead of revising the Prolegnas for 2021 through the addition of ambitious Draft Regulations which are less likely to be finished by the end of the year.
- According to PSHK records, the decision of the DPR and government to revise the previous Prolegnas could potentially lead to a violation of Article 20 (6) of Law No. 15 of 2019 on the Amendment to Law No. 12 of 2011 on the Drafting of Legislation ("Law 12/2011"). This article asserts that the issuance of the annual Prolegnas must be conducted prior to the promulgation of legislation on the State Budget (Anggaran Pendapatan dan Belanja Negara – "APBN"). In this regard, Article 15 (4) of Law No. 17 of 2003 on State Finance states that draft legislation on APBN should be promulgated by no later than 31 October every year.
- PSHK records for the last seven years show that the DPR and the government only managed to comply with Article 20 (6) of Law 12/2011 on one occasion, specifically during the promulgation of Prolegnas 2019.
- For more information, see Hukumonline: “DPR dan Pemerintah Harusnya Segera Tetapkan Prolegnas 2022”.
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
