Friday, December 30, 2016
House Passed a Total of 22 New Laws Throughout 2016
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Marcell Sihombing
 

ojk

Photo by: RES.

 

With 2016’s end drawing nearer, all eyes are inevitably turning to the government’s performance over the last 12 months.  A government’s performance is often evaluated by its ability to issue a certain amount of laws, be they entirely new or amendments to existing laws.

This year, the House of Representatives (House) has passed some 22 new laws. Of this total, 20 laws have been approved by the President and have received an official number, with the other two currently awaiting the President’s signature.

The complete list of these new laws is as follows:
 
No. Title
          1.         Law No. 1 of 2016 on Guarantees
          2.         Law No. 2 of 2016 the Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Poland Concerning Cooperation in the Field of Defence
          3.         Law No. 3 of 2016 the Ratification of the Memorandum of Understanding between the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on Strengthening of Cooperation between Defence Officials and Its Related Activities
          4.         Law No. 4 of 2016 on Public-Housing Savings
          5.         Law No. 5 of 2016 on the Ratification of the Memorandum of Understanding between the Ministry of Defence of the Republic of Indonesia and the Federal Ministry of Defence of the Federal Republic of Germany Concerning Cooperation in the Field of Defence
          6.         Law No. 6 of 2016 on the Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the People’s Republic of China on Cooperation Activities in the Field of Defence
          7.         Law No. 7 of 2016 on the Protection and Empowerment of Fishermen, Fish-Farmers, and Salt Farmers
          8.         Law No. 8 of 2016 on Persons with Disabilities
          9.         Law No. 9 of 2016 on the Prevention and Control of Financial System Crises
        10.       Law No. 10 of 2016 on Second Amendment to Law No. 1 of 2015 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law
         11.        Law No. 11 of 2016 on Tax Amnesty
        12.       Law No. 12 of 2016 on Amendment to Law No. 14 of 2015 on State Revenue and Spending Budget for the 2016 Period
        13.       Law No. 13 of 2016 on Patents
        14.       Law No. 14 of 2016 on the Accountability for the Implementation of State Revenue and Spending Budget for the 2015 Period
        15.       Law No. 15 of 2016 on the Ratification of the 2006 Maritime Labour Convention
        16.       Law No. 16 of 2016 on the Ratification of Paris Agreement to theUnited Nations Framework Convention on Climate Change
        17.       Law No. 17 of 2016 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2016 on Second Amendment of Law No. 23 of 2002 on the Child Protection into Law
        18.       Law No. 18 of 2016 on State Revenue and Spending Budget for the 2017 Period
        19.       Law No. 19 of 2016 on Amendment to Law No. 11 of 2008 on Electronic Transactions and Information
        20.       Law No. 20 of 2016 on Trademarks and Geographical Indications
        21.       Bill on Construction Services
        22.      Bill on the Ratification of the Treaty between the Republic of Indonesia and the Republic of Singapore Relating to the Delimitation of the Territorial Seas of the Two Countries in the Eastern Part of the Strait of Singapore, 2014
 
By referring to the list above, the House has passed 10 new laws out of 51 draft bills listed under the 2016 National Legislative Program (Prolegnas), or around 19.6% of its 2016 target.

This is somewhat of an improvement in comparison to implementation of the 2015 Prolegnas, in which the House was only able to pass two laws, namely: (i) Law No. 8 0f 2015 on Amendment to Law No. 1 of 2015 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law; and (ii) Law No. 9 of 2015 on Sec0nd Amendment to Law No. 23 of 2014 on Regional Governments.

Of the 22 abovementioned new laws, our Hukumonline English team has selected a handful that are considered to be highly important to a number of business sectors throughout Indonesia. These laws are discussed and analyzed in further detail, and in a concise and readable manner, in several of our daily Indonesian Legal Briefs (ILB) and weekly Indonesian Law Digest (ILD) as listed below:
 
Title Issue Number
ILB ILD
Law No. 1 of 2016on Guarantees 2787 436
Law No. 4 of 2016on Public-Housing Savings 2828 444
Law No. 7 of 2016on the Protection and Empowerment of Fishermen, Fish-Farmers, and Salt Farmers 2844 447
Law No. 8 of 2016on Persons with Disabilities 2848 451
Law No. 9 of 2016on the Prevention and Control of Financial System Crises 2847 448
Law No. 11 of 2016on Tax Amnesty 2912 462
Law No. 13 of 2016on Patents 2929 466
Law No. 19 of 2016on Amendment to Law No. 11 of 2008on Electronic Transactions and Information 2991 480
Law No. 20 of 2016on Trademarks and Geographical Indications 2992 478
 
The 2017 Prolegnas

Despite the fact that many of the draft bills listed under the 2016 Prolegnas have not yet been passed into law, the Legislation Board (Baleg) at the House has already approved some 49 draft bills for the 2017 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, has confirmed 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. 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 improve its completion rate, Baleg has requested 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.
 
(cd/emj)