Implementasi Good Regulatory Practice (GRP) Dalam Rangka Transparansi

Regulasi di Indonesia

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.

EXISTING LAW

IDEAL

LAW

1. Hyper-regulated

2. Disharmonize

3. Multi interpreting

4. Ineffective

5. High Cost

1. stream/ simple

2. Harmonize

3. Clear

4. effective

5. efficient

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?

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

REGULATORY MAKING PROCESS

I • Planning

II • Drafting

III • Discussing

IV • Validating

V • Promulgating

Regulation

• Evaluating VI

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 (www.bphn.go.id)

ENGAGMENT WITH PRIVATE SECTOR THE PRACTICE OF PUBLIC CONSULTATION

ON PROCESS OF LEGISLATION IN INDONESIA

National Law Development Agency (NLDA) of Indonesia 9

National Law Development Agency (NLDA) of Indonesia 10

Data and

information

searching is one

of the most

important thing for

internet user

interest

1998-2015

Internet user

increase rapidly

in Indonesia

National Law Development Agency (NLDA) of Indonesia 12

National Law Development Agency (NLDA) of Indonesia 13

National Law Development Agency (NLDA) of Indonesia 14

Good regulatory

practice (GRP)

processes

systems tools and methods

SOCIAL JUSTICE

GOAL

DEMOCRACY

PROCEDURE

UNITY

MODEL

RELIGIOUS AND HUMANITY

VALUE

Evaluation and elimination of problematic regulations conducted by “leveling” task force and classified by 4 sectors:

EVALUATION

SECTORS

ECONOMIC

NATURAL RESOURCES

AND ENVIRONMENT

SOCIAL AND CULTURAL

POLITIC, DEFENCE AND

SECURITY

systems Good

regulatory practice

(GRP)

processes

systems

tools and methods

TASK FORCE

NATIONAL TASK

FORCE

LOCAL TASK

FORCE

SECTORAL TASK

FORCE

ANALYST

PUBLIC OFFICER

ACADEMICS

RESEARCHER

PROFESSIONAL

Evaluation and elimination of problematic regulations conducted by 5D method:

EVALUATION

5 D

The conformity between types, hierarchy, and

the substance of legislation

Clarify of the formulation of

the provisions of legislation

Assessment of substance of

legislation

Potential disharmony of provisions of

legislation

The effectiveness of the

implementation of legislation

tools and methods Good

regulatory practice

(GRP)

processes

systems

tools and methods

REVOKE (repealed)

AMANDEMENT

(revise/modified)

MAINTENANCE

(expanded)

RECOMENDATIONS

SIMP

LIFICATIO

N

(streamlin

ed)

GRP ASEAN

Evaluation as one of process of legislating system

EVALUATION Good regulatory practice

(GRP)

processes

systems

tools and methods processes

Good regulatory

practice (GRP)

processes

systems

tools and methods

for improving the quality of regulations

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).

House (136 bills), Regional (85 bills), executive (84 bills)

160 Bills for

a five –years jointly approved

Presentation &

Comments

0

Ministries/ institutions propose the regulation

needed (draft of bill, letter)

BPHN

Proposal = 110

Planning of regulations

(a five-year)

Planning of regulations

For the priority in 2017

Criterias/ requirements: • Academic draft • Draft of bill • Meeting with others M/I and stakeholders • Harmonization

Comments Criterias/ requirements: • Academic

draft • Draft of bill

Committee Regulation

Yes No

Use the principles

Use the same

criteria

Ministry of Law President Parliamentt

Joint Meeting Stakeholders

meeting

Priority 2017 = 50 bills

The Process of Planning Regulations (Executive Branch) based on Presidential Regulation No. 87/2014

Final = 84 proposals

1

2

3

4

5

6 7 8

9

OPPORTUNITIES

EKONOMI

MANFAAT

EFISIENSI

KEADILAN

KESEJAHTERAAN MASYARAKAT

ECONOMY

BENEFIT

EFFICIENCY

JUSTICE

SOCIAL WELFARE

LAW metric

Publication of Regulations in Indonesia

Developing

single authority on managing publication of regulations

Law/ Government Regulations in Lieu of Laws

DATA INTEGRATING

SYSTEM

Government Regulations

Presidential Regulations

Ministry Regulations

Regency/Municipality Regulations

Provincial Regulations

Non Ministry Regulations

Law Government Regualtions

Presidential Regulations

Presidential Decicions

Presidential Instructions Government

Regulations in Lieu of Laws

Promoting single portal:

single authority http://www.jdihn.bphn.go.id/

www.sipuu.setkab.go.id

www.jdihn.id www.peraturan.go.id

TYPE OF REGULATION

1.613 4.290 4.742 1.664 350

174

www.setneg.go.id