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, Considering: a. to realize Indonesia as law base country, the state has obligation to carry out the development of a planned, integrated, and sustainable national law in the national legal system that guarantees protection of all rights and obligations of the people of Indonesia based on the Constitution of the Republic of Indonesia of 1945; b. that to meet the people needs of the good regulations, it is necessary to make regulation concerning making rules, that are implemented in a sure and standard way and method, and binding on all agencies authorized to make the rules; c. that the Law No. 10/2004 Concerning Making Rules is still a shortage and not be able to accommodate the development of the people needs on the making rules and need to be replaced; d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to make the Law Concerning Making Rules; In view of: Article 20, Article 21, and Article 22A of Constitution of the Republic of Indonesia of 1945; By Joint Approval of: HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and PRESIDENT OF THE REPUBLIC OF INDONESIA To stipulate: LAW CONCERNING MAKING RULES. DECIDES: Article 1 In this Law: CHAPTER I GENERAL PROVISIONS
1. Making Rules is forming Rules which includes the stages of planning, preparation, discussion, approval or determination, and promulgation. 2. Rules are written regulation that contain legal norms binding in general and formed or determined by a state agency or official authorized by the procedures specified in the Rules. 3. Law is Rules established by the House of Representatives by joint approval with President. 4. Government Regulation In Lieu of Law is the Rules set by the President In case of urgency. 5. Government Regulation is Rules are set by the President to implement the Law as it should. 6. Presidential Regulation is the Rules are set by the President to implement the instruction of higher Rules or in the conduct of governmental power. 7. Province Regulation is Rules are established by the Province Regional House of Representatives by joint approval with Governor. 8. Regency/Municipality regulation is the Rules are formed by Regional House of Representatives of Regency/Municipality by joint approval with Regent/Municipal Government. 9. National Legislation Program hereinafter called Prolegnas is the instruments for planning of establishment of planned, integrated, and systematic Law. 10. Regional Legislation Program hereinafter called Prolegda is the instrument for planning of establishment of planned, integrated, and systematic Province Regulation or Regency/Municipality Regulation. 11. Academic documents are documents result of law research or study and other research on a particular issue that can get responsibility in scientifically on the problem setting in a Law Draft, draft of Province Regulation, or Draft of Regency/Municipality Regulations, as a solution to the regulation problems and needs of the people. 12. Promulgation is the placement of the Rules in the Statute Book of the Republic of Indonesia, Supplement to Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Supplement to State Gazette of the Republic of Indonesia, Regional Book, Supplement to the Regional Book, or the Regional Gazette. 13. The Rules contents are contents in the Rules in accordance with the type, function, and hierarchy of Rules. 14. House of Representatives hereinafter abbreviated as DPR is the House of Representatives as intended in Constitution of the Republic of Indonesia of 1945
Article 2 Article 3 Article 4 15. Regional Representatives Council hereinafter abbreviated as DPD the Regional Representatives Council as intended in Constitution of the Republic of Indonesia of 1945. 16. Regional House of Representatives hereinafter abbreviated as DPRD is the Regional House of Representatives as intended in Constitution of the Republic of Indonesia of 1945. Pancasila is the source of all sources of state law. (1) Constitution of the Republic of Indonesia of 1945 is the basic law of the Rules. (2) Constitution of the Republic of Indonesia of 1945 was placed in the Statute Book of the Republic of Indonesia. (3) Placement of Constitution of the Republic of Indonesia of 1945 in the Statute Book of the Republic of Indonesia does not constitute the basis of its application. Rules are set forth in this Law includes Law and Regulations under it. Article 5 Article 6 CHAPTER II PRINCIPLES OF MAKING RULES Making Rules should be done based on the principles of good Making Rules, which include: a. clear purpose; b. made by proper agency or official; c. match between the types, hierarchy, and the contents; d. can be implemented; e. versatility and result; f. clear formulation; and g. openness. (1) Contents of Rules should reflect the principles of: a. protection; b. humanity; c. nationality; d. family;
e. character of Indonesia; f. unity in diversity; g. fairness; h. equality position in law and government; i. order and the certainly of law; and/or j. balance, match, and harmony. (2) In addition to reflecting the principles as intended in paragraph (1), certain Rules may contain other principles in accordance with the field of relevant Rules. Article 7 Article 8 Article 9 CHAPTER III TYPE, HIERARCHY, AND CONTENTS OF RULES (1) Types and hierarchy of Rules consists of: a. Constitution of the Republic of Indonesia of 1945; b. People's Consultative Council Decree; c. Law/Government Regulation In Lieu of Law; d. Government Regulation; e. Presidential Regulation; f. Province Regulation; and g. Regency/Municipality Regulation. (2) The power of Rules is in accordance with the hierarchy as intended in paragraph (1). (1) Other king of Rules than as intended in Article 7 paragraph (1) covers the regulations stipulated by the People's Consultative Agency, House of Representatives, Regional Representatives Council, the Supreme Court, the Constitutional Court, the State Audit Board, the Judicial Commission, Bank of Indonesia, the Minister, agency, institution, or same level commission established by Law or Government on the instruction of Law, Provincial Regional House of Representatives, Governor, Regency/Municipality Regional House of Representatives, Regent/Municipal Government, the Village Head or the equivalent. (2) Rules as intended in paragraph (1) recognized and have the force of binding all ordered by higher Rules or established based on authority. (1) In case of a Law alleged conflict with the Constitution of the Republic of Indonesia of 1945, investigation is carried out by the Constitutional Court. (2) In case of a Rule under Law alleged conflict with the Law, the investigation is carried out by the Supreme Court.
Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 (1) Contents shall be governed by Law will contain: a. further regulation on the provision of Constitution of the Republic of Indonesia of 1945; b. instruction of the Law for will be governed by Law; c. ratification of certain international agreement; d. follow-up to the decision of the Constitutional Court; and/or e. fulfill legal needs in the people. (2) Follow up on the decision of the Constitutional Court as intended in paragraph (1) d shall be made by DPR or the President. Contents of Government Regulation in Lieu of Law same with the contents of Law. Government Regulation contents contain contents to implement the Law properly. Presidential Regulation contains contents that was ordered by Law, the contents to implement Government Regulation, or contents to carry out the implementation of governmental power. Province Regulation and Regency/Municipality Regulation contains contents in the framework of implementation of regional autonomy and duty of assistance and to accommodate special local conditions and/or further elaboration of the higher Rules. (1) The contents of the criminal provisions can only be contained in: a. Law; b. Province Regulation; or c. Regency/Municipality Regulation. (2) Criminal provisions as intended in paragraphs (1) b and c of the threat of a maximum imprisonment of 6 (six) months or a fine of up to Rp50,000,000.00 (fifty million rupiah). (3) Province Regulation and Regency/Municipality Regulation can load the threat of imprisonment or fine other than as intended in paragraph (2) in accordance with the other Rules.
CHAPTER IV PLANNING RULES Part One Planning Law Article 16 Article 17 Article 18 Article 19 Article 20 Planning for making Law is done by Prolegnas. Prolegnas as intended in Article 16 is the priority scale in making Law program in the framework to implement national legal system. In preparation Prolegnas as intended in Article 16, the preparation list of Law Draft based on: a. instruction of Constitution of the Republic of Indonesia of 1945; b. instruction of the People's Consultative Council Decree; c. instruction of other Law; d. national development planning system; e. long-term national development plans; f. medium-term development plans; g. government's work plan and strategic plan of DPR; and h. aspirations and needs of the people. (1) Prolegnas as intended in Article 16 includes the programs for making Law with the title Law Draft, contents are governed, and its association with other Rules. (2) The contents are organized and its association with other Rules as intended in paragraph (1) are description of the conception of Law Draft which include: a. background and purpose of the preparation; b. target to be realized; and c. scope and direction setting. (3) The contents are arranged as intended in paragraph (2) who has been through the study and matching set forth in the Academic Documents. (1) Formulation of Prolegnas is implemented by the DPR and Government. (2) Prolegnas is set for medium-term and annual period based on priority scale of making Law Draft.
(3) Preparation and determination of Prolegnas for the medium-term Prolegnas done at the beginning of the membership of the DPR as Prolegnas for a period of 5 (five) years. Article 21 Article 22 Article 23 (4) Medium-term Prolegnas can be evaluated each end of year together with the preparation and setting annual priorities Prolegnas. (5) Preparation and determination annual priorities Prolegnas as the implementation of medium-term Prolegnas done every year before the establishment of Law Draft concerning State Revenue and Expenditure Budget. (1) Preparation of Prolegnas between DPR and the Government is coordinated by the DPR section specializing in the field of legislation. (2) Preparation of Prolegnas in the DPR environment is coordinated by DPR section specializing in the field of legislation. (3) Preparation of Prolegnas in the DPR environmental as intended in paragraph (2) is done by considering the proposal of the fractions, commissions, members of the DPR, and/or people. (4) Formulation of Prolegnas in Government environment is coordinated by the Minister who held government affairs in the field of law. (5) Further provisions on the procedure of preparation of Prolegnas as intended in paragraphs (1), (2), and (3) will be governed by Regulation of the DPR. (6) Further provisions on the procedure of preparation of Prolegnas in the Government environmental as intended in paragraph (4) will be governed by Presidential Regulation. (1) Result of the preparation of Prolegnas between the DPR and the Government as intended in Article 21 paragraph (1) agreed becomes Prolegnas and stipulated in the Plenary Session of DPR. (2) Prolegnas as intended in paragraph (1) is stipulated by the Decree of the DPR. (1) Prolegnas contains open cumulative list consisting of: a. Ratification of certain international agreement; b. due to the decree of the Constitutional Court; c. State Revenue and Expenditure Budget; d. establishment, expansion, and merger of the Province and/or Regency/Municipality; and e. determination/revocation of Government Regulation In Lieu of Law.
(2) In certain cases, the DPR or the President may submit Law Draft outside Prolegnas include: a. to cope with exceptional circumstances, a state of conflict, or natural disasters; and b. certain other circumstances which ensure the existence of national urgency on a Law Draft that can be jointly approved by the DPR section who is specializing in the field of legislation and minister who held government affairs in the field of law. Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Part Two Planning of Government Regulation Planning the preparation of Government Regulation is carry out in Government Regulation preparation program. (1) Planning the preparation of Government Regulation as intended in Article 24 contains a list of titles and subject contents of the Draft Government Regulation to implement Law properly. (2) Planning as intended in paragraph (1) established for a period of 1 (one) year. (1) Planning the preparation of Government Regulation as intended in Article 25 shall be coordinated by Minister who held government affairs in the field of law. (2) Planning the preparation of Government Regulation as intended in paragraph (1) determined by the Presidential Decree. Draft of Government Regulation is from the ministries and/or government agencies in accordance with its assignments. (1) In certain cases, ministries or government agencies may submit Draft of Government Regulation in outside of Planning the preparation of Government Regulation. (2) Draft of Government Regulation in certain cases as intended in paragraph (1) is made based on the needs of Law or a Supreme Court decree. Further provisions on the procedure of planning the preparation of Government Regulation will be governed by Presidential Regulation.
Part Three Planning of Presidential Regulation Article 30 Article 31 Planning the preparation of Presidential Regulation is carried out in Presidential Regulation preparation program. The provisions concerning planning the preparation of Government Regulation as intended in Article 24 up to Article 29 shall apply mutatis mutandis to the planning preparation of Presidential Regulation. Article 32 Article 33 Article 34 Part Four Planning of Province Regulation Planning the preparation of Province Regulation is carry out in Province Prolegda. (1) Prolegda as intended in Article 32 includes the program of establishment of Province Regulation under the title Province Regulations Draft, the contents are regulated, and its association with other Rules. (2) The contents are regulated and its association with other Rules as intended in paragraph (1) is a description of the conception of Province Regulation Draft which includes: a. background and purpose of the preparation; b. suggestion to be realized; c. topic, scope, or object are regulated; and d. scope and direction setting. (3) The contents are arranged as intended in paragraph (2) that have been through the study and the matching set forth in the Academic Documents. (1) Preparation of Provincial Prolegda is conducted by Province DPRD and Provincial Government. (2) Provincial Prolegda is set for 1 (one) year based on the priority scale of making Province Regulation Draft. (3) Formulation and determination of the Provincial Prolegda is done every year prior to setting the Provincial Regulation Draft Concerning Provincial Revenue and Expenditure Budget.
Article 35 Article 36 Article 37 Article 38 In the preparation of the Provincial Prolegda as intended in Article 34 paragraph (1), the preparation of a list of province regulation draft is based on: a. higher instruction of Rules; b. regional development plan; c. implementation of regional autonomy and duty of assistance; and d. aspirations of local communities. (1) Preparation of Provincial Prolegda between Province DPRD and Provincial Government is coordinated by the Provincial DPRD through the DPRD section who specializes in the field of legislation. (2) Preparation of Provincial Prolegda in Province DPRD environment is coordinated by the Province DPRD who specializes in the field of legislation. (3) Preparation of the Provincial Prolegda in Provincial Government environment is coordinated by a law board may include related vertical agencies. (4) Further provisions on the procedure of preparation of the Provincial Prolegda in Province DPRD as intended in paragraph (2) will be governed by Regulation of the Province DPRD. (5) Further provisions on the procedure of preparation of the Provincial Prolegda in the Provincial Government environment as intended in paragraph (3) will be governed by Regulation of the Governor. (1) Result of the preparation of Provincial Prolegda between Province DPRD and Provincial Government as intended in Article 36 paragraph (1) is agreed become Province Prolegda and established in the Plenary Meeting of the Province DPRD. (2) Provincial Prolegda as intended in paragraph (1) is determined by the Decree of the Province DPRD. (1) In the Provincial Prolegda may contains open cumulative list consisting of: a. due to the decision of the Supreme Court; and b. Province Revenue and Expenditure Budget. (2) In certain cases, Province DPRD or the Governor may submit draft of Province Regulation in outside of Provincial Prolegda: a. to cope with exceptional circumstances, a state of conflict, or natural disasters; b. due to cooperation with other parties; and
c. other certain circumstances which ensure urgency of the Draft of Province Regulation may be approved jointly by the Province DPRD section who specializing in the field of legislation and law board. Article 39 Article 40 Article 41 Part Five Planning of Regency/ Municipality Regulation Planning the preparation of Regency/Municipality Regulation is carry out in Regency/Municipality Prolegda. The provisions concerning the planning of preparation of Province Regulation as intended in Article 32 up to Article 38 shall apply mutatis mutandis to the preparation of planning the preparation of Regency/Municipality Regulation. Regency/Municipality Prolegda may contain open cumulative list on the establishment, expansion, and merger of Districts or the other name and/or the establishment, expansion, and merger of Villages or the other name. Article 42 Part Six Planning of Other Rules (1) Planning the preparation of other Rules as intended in Article 8 paragraph (1) is the authority and matched to the needs of each agency, commission, or institution. (2) Planning as intended in paragraph (1) determined by each agency, commission, or institution for a period of 1 (one) year. CHAPTER V PREPARATION OF RULES Article 43 Part One Preparation of Law (1) The Law Draft can be derived from the DPR or the President. (2) The Law Draft from DPR as intended in paragraph (1) can be derived from the DPD. (3) The Law Draft from DPR, the President, or DPD must be accompanied by the Academic Documents.
(4) The provisions as intended in paragraph (3) does not apply to the Law Draft on the: Article 44 Article 45 Article 46 Article 47 a. State Revenue and Expenditure Budget; b. determination Government Regulation In Lieu of Law becomes Law; or c. revocation of Law or revocation of Government Regulation In Lieu of Law. (5) The Law Draft as intended in paragraph (4) accompanied by explanation that includes the subject and contents are organized. (1) Preparation of Academic Documents of Law Draft is made in accordance with Academic Documents preparation techniques. (2) The provisions of the Academic Documents preparation techniques as intended in paragraph (1) attached in Attachment I which is an integral part of this Law. (1) Law Draft, whether originating from the DPR and the President and the Law Draft submitted by DPD to DPR is prepared based on Prolegnas. (2) The Law Draft submitted by the DPD as intended in paragraph (1) is a Law Draft relating to: a. regional autonomy; b. central and regional relations; c. formation and expansion and merger of regions; d. management of natural resources and other economic resources; and e. balance between central and local financial. (1) The Law Draft from DPR proposed by member of the DPR, the commission, joint commissions, or DPR section in charge of legislation or DPD. (2) Harmonizing, agreeing, and stabilization of the conception of Law Draft from DPR are coordinated by the DPR section that specializes in the field of legislation. (3) Further provisions on the procedure of preparing the Law Draft as intended in paragraph (1) will be governed by Regulation of the DPR. (1) The Law Draft that is submitted by the President prepared by the minister or head of non ministerial government agencies in accordance with the scope of duties and responsibilities. (2) In preparing the Law Draft, minister or head of relevant non ministerial government agencies establish inter ministries and/or inter non ministerial committee.
(3) Harmonizing, agreeing, and stabilization of the conception of Law Draft from the President coordinated by Minister who held government affairs in the field of law. Article 48 Article 49 Article 50 Article 51 (4) Further provisions on the procedure of preparing the Law Draft as intended in paragraph (1) will be governed by Presidential Regulation. (1) The Law Draft from DPD is submitted in writing by the head of the DPD to the head of DPR and must be accompanied Academic Documents. (2) The proposal of Law Draft as intended in paragraph (1) is submitted by head of DPR to the DPR section that special in charge of legislation field to be harmonized, agreed, and stabilized of the Law Draft. (3) Section as intended in paragraph (2) in doing the harmonizing, agreeing, and stabilizing the conception of Law Draft can invite the head of DPD section that have duties in the field of planning Law to discuss the proposed Law Draft. (4) Section as intended in paragraph (2) submit a written report on the results of harmonizing as intended in paragraph (3) to the head of DPR to be announced in the next plenary meeting. (1) Law Draft from DPR is submitted with letter of the head of DPR to the President. (2) President assigns minister to discuss the Law Draft with the DPR within a period of 60 (sixty) days since received the letter of the head of DPR. (3) Minister as intended in paragraph (2) coordinate the preparation of discussion with minister who held government affairs in the field of law. (1) The Law Draft from the President is submitted with a letter of President to the head of DPR. (2) The letter of President as intended in paragraph (1) includes the appointment of ministers assigned to represent the President in conducting the discussion of Law Draft with the DPR. (3) DPR begin discussing the Law Draft as intended in paragraph (1) within maximum period of 60 (sixty) days after received the letter of President. (4) For the purposes of the discussion of Law Draft in DPR, minister or head of the initiating institution reproduces the Law Draft documents in the amount required. If in a meeting session of the DPR and the President submitted Law Draft on the same topic, the Law Draft submitted by the DPR which discussed and Law Draft submitted by the President used as comparison.
Part Two Preparation of Government Regulation In Lieu of Law Article 52 Article 53 (1) Government Regulation In Lieu of Law must be submitted to DPR in the next meeting. (2) Submission of Government Regulation In Lieu of Law as intended in paragraph (1) is in the form of the application of Law Draft concerning determination of Government Regulation In Lieu of Law becomes Law. (3) DPR only approves or does not give approval of Government Regulation In Lieu of Law. (4) In case of Government Regulation In Lieu of Law is approved by DPR in plenary session, Government Regulation In Lieu of Law is established becomes Law. (5) In case of Government Regulation In Lieu of Law is not get approval of DPR in plenary session, Government Regulation In Lieu of Law should be revoked and should be declared invalid. (6) In case of Government Regulation In Lieu of Law should be revoked and should be declared invalid as intended in paragraph (5), DPR or the President proposed Law Draft concerning revocation of Government Regulation In Lieu of Law. (7) The Law Draft concerning Revocation of Government Regulation In Lieu of Law as intended in paragraph (6) regulate all legal consequences of the revocation of Government Regulation In Lieu of Law. (8) The Law Draft concerning Revocation of Government Regulation In Lieu of Law as intended in paragraph (7) is established become Law concerning Revocation of Government Regulation In Lieu of Law in the same plenary session as intended in paragraph (5). Provision on the procedure of preparation of the Draft of Government Regulation In Lieu of Law will be governed by Presidential Regulation. Article 54 Part Three Preparation of Government Regulation (1) In preparing the Draft of Government Regulation, initiator establishes inter ministries and/or non ministerial government agencies committee.. (2) Harmonizing, agreeing, and stabilization of the conception of the Draft of Government Regulation is coordinated by Minister who held government affairs in the field of law.
(3) Further provisions on the procedure of establishment of the inter ministries and/or non ministerial government agencies committee, harmonizing, preparation, and submission of the Draft of Government Regulation will be governed by Presidential Regulation. Article 55 Part Four Preparation of the Presidential Regulation (1) In preparing the Draft of Presidential Regulation, the initiator establishes inter ministries and/or inter non ministries committee. (2) Harmonizing, agreeing, and stabilization of conception of Draft of Presidential Regulation is coordinated by Minister who held government affairs in the field of law. (3) Further provisions on the procedure of forming the inter ministries and/or inter non ministries committee, harmonizing, preparation, and submission of Draft of Presidential Regulation is stipulated in Presidential Regulation. Article 56 Article 57 Article 58 Part Five Preparation of Province Regulations (1) Draft of Province Regulation may from Provincial DPRD or the Governor. (2) Draft of Province Regulation as intended in paragraph (1) accompanied by an explanation or description and/or Academic Document. (3) In case of Draft of Province Regulation on the: a. Province Revenue and Expenditure Budget; b. Revocation of Province Regulation; or c. amendment to Province Regulation that are limited to change some of the material, accompanied by explanation includes the subject matter and contents are organized. (1) Preparation of Academic Documents of Draft of Province Regulation made in accordance with Academic Documents preparation techniques. (2) The provisions of the Academic Documents preparation techniques as intended in paragraph (1) listed in Attachment I which is an integral part of This Law.
(1) Harmonizing, agreeing, and stabilization of the conception of Province Draft regulation from the Provincial DPRD fittings are coordinated by the Provincial DPRD who specializes in the field of legislation. Article 59 Article 60 Article 61 Article 62 (2) harmonizing, agreeing, and stabilization of the conception of Province Draft Regulations from the Governor is coordinated by the law board and may include vertical agencies of ministry who held government affairs in the field of law. Further provisions on the procedure of preparation of the Draft of Province Regulation from the Governor will be governed by Presidential Regulation. (1) Draft of Province Regulation may be file by members of the commission, joint commissions, or Provincial DPRD section who specializes in the field of legislation. (2) Further provisions on the procedure of preparing the draft of Province Regulation as intended in paragraph (1) are governed by Regulation of the Provincial DPRD. (1) Draft of Province Regulation that has been prepared by the Provincial DPRD is submitted with a letter by head of Provincial DPRD to Governor. (2) Draft of Regional Regulation that has been prepared by the Governor is submitted with a letter of governor to the head of the Provincial DPRD. If in a meeting period, Provincial DPRD and Governor submit Draft of Province Regulation on the same material, the draft of Province Regulation submitted by the provincial DPRD which will discussed and draft of Province Regulation submitted by the Governor used as material for comparison. Article 63 Part Six Preparation of Regency/Municipality Regulation The provisions concerning the preparation of Province Regulation as intended in Article 56 up to Article 62 shall apply mutatis mutandis to the preparation Regency/Municipality Regulation. Article 64 CHAPTER VI TECHNIQUE TO PREPARE RULES
(1) Preparation of Draft of Rules is in accordance with the preparation technical of the Rules. (2) The provisions concerning the preparation technical of the Rules as intended in paragraph (1) are listed in Attachment II which is an integral part of this Law. (3) The provisions concerning the change of preparation technical to the Rules as intended in paragraph (2) will be governed by Presidential Regulation. CHAPTER VII DISCUSSION AND LEGALIZATION OF LAW DRAFT Article 65 Article 66 Article 67 Part One Discussion of Law Draft (1) Discussion of Law Draft made by DPR and the President or the Minister who is assigned. (2) Discussion of Law Draft as intended in paragraph (1) relating to: a. regional autonomy; b. central and local relations; c. establishment, expansion, and merger of regions; d. management of natural resources and other economic resources; and e. financial balance between central and local, done by involving the DPD. (3) The participation of DPD in the discussion Law Draft as intended in paragraph (2) is performed only at the level I discussion. (4) The participation of DPD in the discussion of Law Draft as intended in paragraphs (2) and (3) is represented by the section in charge of the contents of Law Draft will be discussed. (5) DPD give consideration to the DPR on the Law Draft concerning State Revenue and Expenditure Budget and Law Draft relating to taxation, education, and religion. Discussion Law Draft carried out in 2 (two) levels discussion. Two levels discussion as intended in Article 66 shall consist of: a. level I discussion in committee meetings, joint commissions meeting, Legislation Board meeting, the Budget Board meeting, or the Special Committee meeting; and b. level II discussion in the plenary session.
Article 68 Article 69 (1) level I discussion performed the following activities: a. introductory discussion; b. discussion of a list of inventory problems; and c. delivery of the mini opinion. (2) In the introductory discussion as intended in paragraph (1) a: a. DPR explain description and President gives its views if the Law Draft originate from DPR; b. DPR explain description as well as President and DPD give their views if the Law Draft relating to the authority of the DPD as intended in Article 65 paragraph (2) derived from DPR; c. President explain description and fraction gives its views if Law Draft derived from the President; or d. President explain description as well as fraction and DPD give their views if the Law Draft relating to the authority of the DPD as intended in Article 65 paragraph (2) derived from the President. (3) List the problem inventory as intended in paragraph (1) b filed by: a. President if the Law Draft derived from the DPR; or b. DPR if Law Draft from the President by consider the proposal of the DPD along relating to the authority of DPD as intended in Article 65 paragraph (2). (4) Giving mini opinion as intended in paragraph (1) c is submitted at the end of the level I discussion by: a. fractions; b. DPD, if the Law Draft relating to the authority of the DPD as intended in Article 65 paragraph (2); and c. President. (5) In case of DPD did not submit a view as intended in paragraph (2) letter b and letter d and/or not expressing an opinion as intended in paragraph mini (4) letter b, the conversation level I remain to be implemented. (6) In the level I discussion was invited head of the state agency or other institution if the contents of Law Draft relating to state agencies or other institutions. (1) Level II discussion is taking decision in plenary session with the following activities: a. submission of a report containing the mini opinions of factions, mini opinions of DPD, and the result level I discussion; b. statement of approval or rejection of each faction and a member verbally requested by the head of a plenary session; and
Article 70 Article 71 c. submission of the final opinion of President made by Minister assigned. (2) In case of approval as intended in paragraph (1) b can not be achieved by discussion to reach a consensus, the decision made by a majority vote. (3) In case of Law Draft is not approved jointly by the DPR and the President, the Law Draft shall not be filed again in that DPR meeting period. (1) The Law Draft may be withdrawn before it is discussed jointly by the DPR and the President. (2) The Law Draft is being discussed only be withdrawn by mutual consent of the DPR and the President. (3) Further provisions on the procedure of withdrawal of Law Draft as intended in paragraph (2) will be governed by Regulation of the DPR. (1) Discussion of Law Draft concerning Determination of Government Regulation In Lieu of Law is implemented through a similar mechanism to the discussion of Law Draft. (2) Discussion of Law Draft concerning Revocation of Government Regulation In Lieu of Law is implemented through specific mechanisms that is excluded from the mechanism of discussion of Law Draft. (3) Provisions on the specific mechanisms as intended in paragraph (2) carried by the following procedure: a. The Law Draft concerning Revocation of Government Regulation In Lieu of Law proposed by the DPR or the President; b. The Law Draft concerning Revocation as intended in paragraph a is submitted when the Plenary Session of the DPR not to approve the Government Regulation In Lieu of Law proposed by the President; and c. Taking decision on the approval of the Law Draft concerning Revocation as intended in paragraph b is implemented in the Plenary Session of DPR same with Plenary Session of determination not to approve the Government Regulation In Lieu of Law is. Article 72 Part Two Legalization of Law Draft (1) The Law Draft already approved jointly by the DPR and the President submitted by the Head of the DPR to the President to be legalized becomes Law. (2) Submission of Law Draft as intended in paragraph (1) made within a period of 7 (seven) days from the date of approval together.
Article 73 Article 74 (1) The Law Draft as intended in Article 72 is legalized by the President to put a sign within a period of 30 (thirty) days from the Law Draft was approved jointly by the DPR and the President. (2) In case of Law Draft as intended in paragraph (1) is not signed by the President within a period of 30 (thirty) days from the Law Draft was approved jointly, Law Draft is legitimate becomes Law and obligatory be enacted. (3) In case of legitimate of Law Draft as intended in paragraph (2), ratification sentence reads: This Law declared valid based on the provisions of article 20 paragraph (5) of Constitution of the Republic of Indonesia of 1945. (4) The sentence of ratification, which reads as intended in paragraph (3) should be affixed on the last page of Law before the promulgation of Law into Statute Book of the Republic of Indonesia. (1) In any Law shall be stated deadline of determination of Government Regulation and other regulations such as the implementation of the Law. (2) Determination of Government Regulation and other regulations are needed in governance is not the instruction of the Law are exempt from the provisions as intended in paragraph (1). CHAPTER VIII DISCUSSION AND DETERMINATION OF DRAFT OF PROVINCE REGULATION AND REGENCY/MUNICIPALITY REGULATION Article 75 Article 76 Part One Discussion of Draft of Province Regulation (1) Discussion of Draft of Province Regulation is made by Provincial DPRD with the Governor. (2) The discussion together as intended in paragraph (1) is done through levels of discussion. (3) Levels of discussion as intended in paragraph (2) are done in meetings of commission/committee/board/section of provincial DPRD who specializes in the field of legislation and plenary session. (4) Further provisions on the procedure of the discussion of draft of Province Regulation will be governed by Regulation of the Provincial DPRD.
(1) Draft of Province Regulation may be withdrawn before it is discussed jointly by Provincial DPRD and the Governor. (2) Draft of Province Regulation under discussion can only be withdrawn with the consent of Provincial DPRD and Governor. (3) Further provisions on the procedure of withdrawal of the Draft of Province Regulation will be governed by Regulation of the Provincial DPRD. Article 77 Part Two Discussion Draft of Regency/Municipality Regulation Provisions on the discussion draft of Province Regulation as intended in Article 75 and Article 76 shall apply mutatis mutandis to the discussion of Regency/Municipality Regulation. Article 78 Article 79 Part Three Determination of Draft of Province Regulation (1) Draft of Province Regulation that has been approved jointly by Provincial DPRD and the Governor submitted by the head of the Provincial DPRD to the Governor to be determined become Province Regulation. (2) Submission of Draft of Province Regulation as intended in paragraph (1) made within a period of 7 (seven) days from the date of approval together. (1) Draft of Province Regulation as intended in Article 78 is determined by the Governor to put a sign within a period of 30 (thirty) days since Draft of Province Regulation was approved jointly by Provincial DPRD and the Governor. (2) In case of Draft of Province Regulation as intended in paragraph (1) is not signed by the Governor within 30 (thirty) days since Draft of Province Regulation was approved together, the draft of the Province Regulation become valid become Province Regulation and shall be enacted. (3) In case of legitimate Draft of Province Regulation as intended in paragraph (2), ratification sentence reads: This Regional Regulation declared valid. (4) The sentence of ratification, which reads as intended in paragraph (3) to be affixed on the last page of Province Regulation before the promulgation of Province Regulations in Regional Book. Part Four Determination Draft of Regency/Municipality Regulation
Article 80 Provisions on the determination of Draft of Province Regulation as intended in Article 78 and Article 79 shall apply mutatis mutandis to the determination of Regency/Municipality Regulation. Article 81 Article 82 Article 83 Article 84 Article 85 CHAPTER IX PROMULGATION For public cognizance, Regulations must be promulgated by placing it in: a. Statute Book of the Republic of Indonesia; b. Supplement to Statute Book of the Republic of Indonesia; c. State Gazette of the Republic of Indonesia; d. Supplement to State Gazette of the Republic of Indonesia; e. Regional Book; f. Supplement to the Regional Book; or g. Regional Gazette. Regulations are enacted in the Statute Book of the Republic of Indonesia, including: a. Law/Government Regulation In Lieu of Law; b. Government Regulation; c. Presidential Regulation; and d. Other Regulations under the applicable Regulations should be promulgated in the Statute Book of the Republic of Indonesia. Regulations are promulgated in State Gazette of the Republic of Indonesia includes the Regulations which according to the applicable Regulations must be promulgated in the State Gazette of the Republic of Indonesia. (1) Supplement to Statute Book of the Republic of Indonesia includes explanations of Regulations contained in the Statute Book of the Republic of Indonesia. (2) Supplement to State Gazette of the Republic of Indonesia includes explanations of Regulations as published in State Gazette of the Republic of Indonesia.
Article 86 Article 87 Promulgation of Rules in the Statute Book of the Republic of Indonesia or the State Gazette of the Republic of Indonesia as intended in Article 82 and Article 83 implemented by the Minister who held government affairs in the field of law. (1) Regulations promulgated in the Regional Book are Province Regulations and Regency/Municipality Regulations. (2) Governor Regulations and Regent/Municipal Government Regulations are promulgated in the Regional Gazette. (3) The promulgation of Regulations within Regional Book and Regional Gazette as intended in paragraphs (1) and (2) conducted by the Regional Secretary. Rules comes into force and have binding force on the promulgation date, unless otherwise specified in the relevant Rules. CHAPTER X DISSEMINATION Article 88 Article 89 Article 90 Part One Dissemination of Prolegnas, Law Draft, and Law (1) Distribution made by the DPR and government since preparation of Prolegnas, preparation of Law Draft, the discussion Law Draft, until the promulgation of Law. (2) Dissemination as intended in paragraph (1) is to provide information and/or get public input as well as stakeholders. (1) Dissemination of Prolegnas conducted jointly by the DPR and Government, coordinated by the DPR section in the field of legislation. (2) Dissemination of Law Draft from DPR held by the commission/committee/agency/section of DPR who specializes in the field of legislation. (3) Dissemination of Law Draft from the President carried out by the initiator agency. (1) Dissemination of Law which was enacted in the Statute Book of the Republic of Indonesia conducted jointly by the DPR and Government. (2) Dissemination of Law as intended in paragraph (1) can be done by the DPD while related to regional autonomy, the central and regional relations, the establishment
Article 91 and expansion and merger of regions, management of natural resources and other economic resources, as well as related to financial balance of center and the regions. (1) In case of Regulations need to be translated into foreign languages, translation was carried out by minister who held government affairs in the field of law. (2) Translation as intended in paragraph (1) is the official translation. Article 92 Article 93 Article 94 Part Two Dissemination Prolegda, Draft of Province Regulations or Regency/Municipality Regulation, and Province Regulations or Regency/Municipality Regulation (1) Dissemination of Prolegda made by DPRD and Local Government since Prolegda preparation, preparation of the Draft of the Regional Regulation, the discussion draft of the Regional Regulation, until the promulgation of the Regional Regulation. (2) Dissemination as intended in paragraph (1) is to provide information and/or get public input and the stakeholders. (1) Dissemination of Prolegda conducted jointly by DPRD and the Provincial or Regency/Municipal Government are coordinated by DPRD section special in charge of legislation field. (2) Dissemination of Draft of Regional Regulation from DPRD carried out by DPRD section. (3) Dissemination of Draft of Regional Regulation from Governor or Regent/Municipal Government is implemented by the Regional Secretary. Dissemination of Province Regulation or Regency/Municipality Regulation have enacted in the Regional Book conducted jointly by DPRD and the Provincial Government or Regent/Municipal Government. Article 95 Part Three Distributed Documents Regulation Documents which are disseminated shuld be a copy of the documents were promulgated in the Statute Book of the Republic of Indonesia, Supplement to Statute Book of the Republic of Indonesia, State Gazette of the Republic of Indonesia,
Supplement to State Gazette of the Republic of Indonesia, Regional Book, Regional Supplement to the Book, and Regional Gazette. Article 96 CHAPTER XI PUBLIC PARTICIPATION (1) People have the right to give input orally and/or written in the Making Rules. (2) Verbal and/or written input as intended in paragraph (1) can be done through: a. public hearing; b. working visits; c. socialization; and/or d. seminars, workshops, and/or discussion. (3) People as intended in paragraph (1), is an individual or group of people who have an interest in the substance of the Draft of Regulations. (4) To facilitate the public to provide input verbally and/or written as intended in paragraph (1), any Draft of Regulations should be easily accessible by the public. Article 97 Article 98 Article 99 CHAPTER XII OTHER PROVISIONS Technique of preparation and/or form provided for in this Law shall apply mutatis mutandis to the technique of preparation and/or form of a Presidential Decree, Decree of the Head of People's Consultative Council, Decree of the Head of DPR, Decree of Head of DPD, Decree of Head of Supreme Court, Decree of the Head of Constitutional Court, Decree of the Head of the Judicial Commission, Decree of Head of State Audit Board, Decree of the Governor of Bank of Indonesia, Decree of the Minister, Decree of the Head of Agency, Decree of the Head of the Institution, or Decree of the Head of same level of the Commission, Decree of Head of Provincial DPRD, Decree of Governor, Decree of Head of Regency/Municipality DPRD, Decree of Regent/Municipal Government, Decree of the Head of Village or the equivalent. (1) Each stage of Makin Rules should include Planner of Rules. (2) Provisions on the participation and guidance of Planner of Rules as intended in paragraph (1) will be governed by Government Regulation.
In addition to Planner of Rules as intended in Article 98 paragraph (1), stages of formation of Law, Province Regulation, and Regency/ Municipality Regulation include the researchers and experts. Article 100 CHAPTER XIII CLOSING PROVISION All the Presidential Decree, Ministerial Decree, Governor Decree, Regent/Municipal Government Decree, or other official decree as intended in Article 97 that are set up, which already existed before this Law is applied, must be interpreted as a rule, as long as not contrary to this Law. Article 101 When this Law comes into force, all the Rules which are the implementing regulations of Law No. 10/2004 Concerning Making Rules (Statute Book of the Republic of Indonesia of 2004 No. 53, Supplement to Statute Book No. 4389), still remain in force as long as not contrary to the provisions of this Law. Article 102 When this Law comes into force, Law No. 10/2004 Concerning Making Rules (Statute Book of the Republic of Indonesia of 2004 No. 53, Supplement to Statute Book of the Republic of Indonesia No. 4389), shall be revoked and declared null and void. Article 103 Implementing regulations of this Law should be set no later than 1 (one) year after this Law was enacted. Article 104 This Law shall come into force on the date of promulgation. For public cognizance, this Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. Legalized in Jakarta on August 12, 2011 PRESIDENT OF THE REPUBLIC OF INDONESIA, signed. DR. H. SUSILO BAMBANG YUDHOYONO Promulgated in Jakarta on August 12, 2011 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA signed. PATRIALIS AKBAR STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF 2011 No. 82
Source : http://rulebook-jica.ekon.go.id/english/4778_uu_12_2011_e.html