Implementasi Good Regulatory Practice (GRP) Dalam Rangka Transparansi Regulasi di Indonesia
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1 Implementasi Good Regulatory Practice (GRP) Dalam Rangka Transparansi Regulasi di Indonesia
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3 Komitmen The Indonesian government is highly committed to attract trade and investment in Indonesia. Regulatory reform is a key to implement such commitment. Towards a good regulatory, we need support from any elements both in superstructure and infrastructure level. Indonesia recognize hierarchy of legislation, it should not only as a formal requirements, but it should be implemented in the process for creating and evaluating regulations in order to achieve consistent regulations. We realize there are still many complaints from economic actors since regulations give a burden for their business and its content is inconsistency to each others. All of this caused mostly by the persistence of the ego-sectorial.
4 1. Hyper-regulated 2. Disharmonize 3. Multi interpreting 4. Ineffective 5. High Cost 1. stream/ simple 2. Harmonize 3. Clear 4. effective 5. efficient EXISTING LAW IDEAL LAW
5 Law No 12/2011 on Formulation of Laws and Regulations Presidential Regulation No. 87/2014 The principles (art. 5) Is the objective of a regulation clearly defined? What is the appropriate level of government for forming a regulation?; Does the regulation compatible with the other regulation regarding types, hierarchies, and substance?; Can the regulations be implemented?; Can the regulations be effectived?; Does the regulation has been clearly formulated? Does the (making of) regulation transparent?
6 STRATEGY OF GRP IN INDONESIA S T R A T E G I E S to implement good regulatory practices to help overarching strategic aims for ASEAN. BPHN has made efforts to improve and strengthen the quality of the law and regulations, such as: 1. Evaluation and elimination of problematic regulations; 2. Strengthening harmonization of the formulation of laws and regulations; 3. Deregulating and simplifying regulations; 4. Integrating data on Law and regulations using a software program created by NLDA. to improved investment climate, enhanced trade facilitation, and increased productivity among others
7 REGULATORY MAKING PROCESS I II III IV V Planning Drafting Discussing Validating Promulgating Regulation VI Evaluating
8 ENGAGMENT WITH PRIVATE SECTOR THE PRACTICE OF PUBLIC CONSULTATION ON PROCESS OF LEGISLATION IN INDONESIA to enhance engagment with private sector as well as other stakeholder to improve the transparancy and synergies of governmnet policies BPHN conducted a public consultation mechanism at each stage of the law making process. Public consultation was conducted through FGD, involving an expert, the stakeholders and the public sector. In addition, we also held public consultations through our website. People can give feedback regarding the draft law, the academic draft and the existing law that should be revised via the website (
9 National Law Development Agency (NLDA) of Indonesia 9
10 National Law Development Agency (NLDA) of Indonesia 10
11 Internet user increase rapidly in Indonesia Data and information searching is one of the most important thing for internet user interest
12 National Law Development Agency (NLDA) of Indonesia 12
13 National Law Development Agency (NLDA) of Indonesia 13
14 National Law Development Agency (NLDA) of Indonesia 14
15 RELIGIOUS AND HUMANITY VALUE processes UNITY MODEL DEMOCRACY PROCEDURE tools and methods Good regulatory practice (GRP) systems SOCIAL JUSTICE GOAL
16 processes systems Good regulatory practice (GRP) tools and methods systems EVALUATION Evaluation and elimination of problematic regulations conducted by leveling task force and classified by 4 sectors: ANALYST NATIONAL TASK FORCE ECONOMIC PUBLIC OFFICER ACADEMICS TASK FORCE POLITIC, DEFENCE AND SECURITY SECTORS NATURAL RESOURCES AND ENVIRONMENT RESEARCHER SECTORAL TASK FORCE LOCAL TASK FORCE PROFESSIONAL SOCIAL AND CULTURAL
17 processes systems Good regulatory practice (GRP) tools and methods tools and methods EVALUATION Evaluation and elimination of problematic regulations conducted by 5D method: The conformity between types, hierarchy, and the substance of legislation RECOMENDATIONS The effectiveness of the implementation of legislation Potential disharmony of provisions of legislation 5 D GRP Assessment of substance of legislation Clarify of the formulation of the provisions of legislation REVOKE (repealed) AMANDEMENT (revise/modified) MAINTENANCE (expanded) (streamlined) SIMPLIFICATION ASEAN
18 processes systems Good regulatory practice (GRP) tools and methods processes EVALUATION Evaluation as one of process of legislating system Incorporating evaluation of law (Legislation) as a part/phase in the law making process in the revisions of Law No. 12 Year 2011Evaluation of Law (Existing Legislations) is meant to generate recommendation whether one legislation are needed to be revised, revoked or will remain in effect (on progress). This recommendation will be crucial as a basis or input for relevant ministries/government institutions in the National Legislation Program stage (planning stage of law making process). systems processes tools and methods Good regulatory practice (GRP) for improving the quality of regulations
19 Planning of regulations (a five-year) 1 Ministries/ institutions propose the regulation needed (draft of bill, letter) Proposal = 110 Planning of regulations For the priority in BPHN Comments Criterias/ requirements: Academic draft Draft of bill 4 Criterias/ requirements: Academic draft Draft of bill Meeting with others M/I and stakeholders Harmonization Final = 84 proposals 3 Committee Regulation Yes The Process of Planning Regulations (Executive Branch) based on Presidential Regulation No. 87/ Stakeholders meeting Use the principles 0 No Ministry of Law President Parliamentt Presentation & Comments Use the same criteria Joint Meeting House (136 bills), Regional (85 bills), executive (84 bills) 160 Bills for a five years jointly approved Priority 2017 = 50 bills 9
20 OPPORTUNITIES EKONOMI MANFAAT EFISIENSI KEADILAN KESEJAHTERAAN MASYARAKAT ECONOMY BENEFIT EFFICIENCY JUSTICE SOCIAL WELFARE
21 LAW metric Publication of Regulations in Indonesia Developing single authority on managing publication of regulations TYPE OF REGULATION Law/ Government Regulations in Lieu of Laws Government Regulations Presidential Regulations Ministry Regulations Non Ministry Regulations Provincial Regulations Regency/Municipality Regulations DATA INTEGRATING SYSTEM Promoting single portal: Law Government Regualtions Presidential Decicions Presidential Regulations Presidential Instructions 174 Government Regulations in Lieu of Laws single authority
LAW OF THE REPUBLIC OF INDONESIA No. 12 OF 2011 CONCERNING MAKING RULES BY THE GRACE OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA,
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