Tuesday, December 13, 2016
49 Draft Bills to be Listed under 2017 National Legislative Program
Marcell Sihombing, Rofiq Hidayat
In spite of the fact that many of the draft bills listed under the 2016 National Legislative Program (Prolegnas) have not yet been passed into law, the Legislation Board (Baleg) at the House of Representatives (House) has already approved some 49 draft bills for incorporation into the 2017 National Legislative Program (Prolegnas). This new list is to be finalized at a Baleg plenary meeting before being forwarded to the House for final approval.
Baleg Deputy, Firman Subagyo, recently stated that Baleg had approved the 49 draft bills during a meeting which was attended by representatives of both the National Law Development Agency (Badan Pembinaan Hukum Nasional - BPHN) and the Ministry of Law and Human Rights.
Mr. Subagyo further elaborated that 40 of the above-mentioned 49 draft bills were draft bills which had failed to be passed into law during the 2016 Prolegnas period. Meanwhile, the remaining nine draft bills comprise of five new draft bills which have been proposed by the House, three new draft bills which have been proposed by the government, and one new draft bill which has been proposed by the Regional Representatives Council (DPD).
Mr. Subagyo went on to explain that in order to ensure the completion and passage into law of said draft bills, Baleg had already asked a number of special committees (panitia khusus - Pansus), working committees (Panja), as well as relevant House Commissions to commit themselves to the immediate completion and passage of the draft bills in question.
“We are demanding the completion and passage of the above draft bills, so that they do not simply just reappear on the Prolegnas list [every single year] without any progress being made,” Mr. Subagyo asserted.
Mr. Subagyo also revealed that any draft bill which will not be passed into law within the prescribed timeframe would be removed from the 2017 Prolegnas list. This should ensure a prioritization of the passing of other draft bills and a better opportunity to accommodate the public interest. Nevertheless, the chances of any such replacements ultimately being made are slim in light of the fact that all of the 49 draft bills which are listed under the 2017 Prolegnas are supported by the relevant proposed draft-bill papers and their corresponding academic papers.
“The problem now is why the various Panja and Pansus have failed to complete the deliberation process. That is our [Baleg’s] concern,” Mr. Subagyo asserted.
On a slightly different note, Arif Wibowo, also a Baleg Deputy, has declared that the total number of draft bills listed under the Prolegnas has created an image of the House as some sort of “law-producing factory”. However, the process of drafting laws is also supposed to involve the both government and the DPD, which should act in accordance with the various provisions which are set out under Article 18 of Law No. 12 of 2011 on the Establishment of Laws and Regulations.
“The establishment of laws and regulations is usually based on the prevailing laws, on an evaluation of the public interest or on a legally binding decision made by the Constitutional Court. The benchmark should not be the amount [of laws and regulations] itself. Even though the number of laws passed may be low, if a given law does not accommodate the public interest, then why should we [Baleg] pass it [into law]?” Mr. Wibowo concluded.
The complete list of draft bills which is to be further discussed at a Baleg plenary meeting before finally being incorporated into the 2017 Prolegnas is as follows:
|No.||Title of Draft Bill||Draft Bill Papers and Academic Papers Prepared to be Prepared by:|
|1.||Draft Bill on Quarantine for Health Purposes||Government|
|2.||Draft Bill on Land Affairs||House|
|3.||Draft Bill on the Criminal Code||Government|
|4.||Draft Bill on the Quarantine of Animals, Fish and Plants||House|
|5.||Draft Bill on Construction Services||House|
|6.||Draft Bill on Architects||House|
|7.||Draft Bill on National Entrepreneurship||House|
|8.||Draft Bill on the Management of Hajj Pilgrimages and the Organization of Umrah||House|
|9.||Draft Bill on the Protection of Indonesian Workers in Foreign Countries (listed under the 2015-2019 Prolegnas as the “Draft Bill on the Amendment to Law 39 of 2004 on the Placement and Protection of Indonesian Workers in Foreign Countries”)||House|
|10.||Draft Bill on the Bookkeeping System||House|
|11.||Draft Bill on Cultural Affairs||House|
|12.||Draft Bill on the Creative Economy||House|
|13.||Draft Bill on the Amendment to Law No. 20 of 1997 on Non-Taxable State Revenue||Government|
|14.||Draft Bill on the Fifth Amendment to Law No. 6 of 1983 on Procedures and General Provisions for Taxation||Government|
|15.||Draft Bill on the Prohibition of Alcoholic Beverages||House|
|16.||Draft Bill on the Archipelagic Concept (Wawasan Nusantara)||DPD|
|17.||Draft Bill on the Amendment to Law No. 15 of 2003 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2002 on Terrorism and Crime Eradication as a Law||Government|
|18.||Draft Bill on the General Election Code (listed under the 2015-2019 Prolegnas as the “Draft Bill on the Organization of General Elections”)||Government|
|19.||Draft Bill on the Activities of the Red Cross (kepalang merahan)||Government|
|20.||Draft Bill on Magistracy (which involves the country’s judges)||House|
|21.||Draft Bill on Tobacco||House|
|22.||Draft Bill on the Amendment to Law No. 5 of 1999 on the Prohibition of Monopolies and Unfair Business Practices||House|
|23.||Draft Bill on the Amendment to Law No. 5 of 2014 on State Civil Officials||House|
|24.||Draft Bill on the Eradication of Sexual Violence||House|
|25.||Draft Bill on Palm Oil||House|
|26.||Draft Bill on the Amendment to Law No. 32 of 2002 on Broadcasting||House|
|27.||Draft Bill on the Television of the Republic of Indonesia (TVRI) Radio Station||House|
|28.||Draft Bill on State-Owned Enterprises and Regionally Owned Enterprises (listed under the 2015-2019 Prolegnas as the “Draft Bill on the Amendment to Law No. 19 0f 2003 on State-Owned Enterprises”)||House|
|29.||Draft Bill on the Amendment to Law No. 22 of 2001 on Oil and Natural Gas||House|
|30.||Draft Bill on the Amendment to Law No. 4 of 2009 on Minerals and Coal Mining||House|
|31.||Draft Bill on Midwifery||House|
|32.||Draft Bill on the Second Amendment to Law No. 7 of 1992 on Banking||House|
|33.||Draft Bill on the Second Amendment to Law No. 23 of 1999 on Bank Indonesia||House|
|34.||Draft Bill on the Amendment to Law No. 21 of 2011 on the Financial Services Authority||House|
|35.||Draft Bill on the Improvement of Genuine Regional Income||House|
|36.||Draft Bill on the Amendment to Law No. 18 of 2002 on the System for National Research, Development and the Implementation of Science and Technology||Government|
|37.||Draft Bill on Stamp-Duty Fees||Government|
|38.||Draft Bill on the Amendment to Law No. 15 of 2006 on the Financial Audit Board||Government|
|39.||Draft Bill on Narcotics and Psychotropic Substances (listed under the 2015-2019 Prolegnas as the “Draft Bill on the Amendment to Law No. 35 of 2009 on Narcotics”)||Government|
|40.||Draft Bill on the Amendment to Law No. 24 of 2003 on the Constitutional Court||Government|
|41.||Draft Bill on the Amendment to Law No. 12 of 1992 on the Plant-Cultivation System||House|
|42.||Draft Bill on Corporate Social Responsibility||House|
|43.||Draft Bill on the Amendment to Law No. 5 of 1990 on the Conservation of Ecosystems and Natural Biological Resources||House|
|44.||Draft Bill on Religious Educational Institutions||House|
|45.||Draft Bill on the Protection and Acknowledgement of the Rights of Indigenous Communities||House|
|46.||Draft Bill on Financial Relations Between Central Government and Regional-Level Governments (listed under the 2015-2019 Prolegnas as the “Draft Bill on the Amendment to Law No. 33 of 2004 on Financial Balance Between Central Government and Regional Level Governments”)||Government|
|47.||Draft Bill on the Amendment to Law No. 12 of 1995 on the Correctional Program||Government|
|48.||Draft Bill on the Restriction of Hard Cash Transactions||Government|
|49.||Draft Bill on the Implementation of Governance for Archipelagic Areas||DPD|