Begini Proses Pembentukan Undang-undang

Summary

The script outlines the intricate process of transforming a bill into law in Indonesia, as per the Law No. 12 of 2011 on the formulation of legislation. It details the origins of a bill, which can stem from the President, DPR, or DPD, and the subsequent steps including preparation by relevant ministers or agency heads. The bill then enters the national legislative program for a five-year period. The script further explains the deliberation process in the DPR, involving discussions at various levels, and the final steps leading to presidential approval or automatic enactment if not signed within 30 days. It also touches on the possibility of law revocation through judicial review by the Constitutional Court.

Takeaways

• 📜 The process for a bill to become law in Indonesia is outlined in detail, including the steps from proposal to enactment.
• 🏛️ A draft bill can originate from the President, the House of Representatives (DPR), or the Regional Representative Council (DPD).
• 📝 The President's proposed bills are prepared by relevant ministers or agency heads and then included in the National Legislation Program (Prolegnas) for a five-year period.
• 🗓️ The bill must be accompanied by an academic script, except for budget-related bills, government regulations in lieu of law, or bills proposing the enactment or repeal of laws.
• 📢 The leadership of the DPR announces the bill to all members in a plenary session, and the decision to proceed with the bill is made.
• 🗣️ The deliberation process involves two levels of discussion: the first level in committee meetings and the second level in the plenary session.
• 🔍 The second level of discussion includes reports on the opinions of factions, DPCs, and the results of the first-level discussion, which are presented in the plenary session.
• 📊 If consensus is not reached through deliberation, the decision is made by a majority vote.
• ✅ Once the bill is approved by the DPR and the government, it is sent to the President for signing into law.
• ⏳ If the President does not sign the approved bill within 30 days, it automatically becomes law and must be promulgated.
• 🚫 Laws can be repealed through judicial review or by challenging their constitutionality at the Constitutional Court, with a process that includes the examination of the application's completeness and scheduling of hearings.

Q & A

What is the process for a bill to become a law in Indonesia?

The process for a bill to become a law in Indonesia involves several steps as outlined by the Law No. 12 of 2011. It can originate from the President, the House of Representatives (DPR), or the Regional Representatives Council (DPD). The bill is then prepared by the relevant minister or agency head and included in the National Legislation Program (Prolegnas) by the DPR for a five-year period.

What are the necessary components for a bill to be considered for legislation?

A bill must be accompanied by an academic script, except for bills related to the state budget, government regulations in lieu of law (Perpu), or the revocation of laws and Perpu.

How is the proposal of a bill announced within the legislative body?

The leadership of the DPR announces the proposal of a bill to all members during a plenary session.

What happens after a bill is announced in a plenary session?

After the announcement, it is decided whether the bill is approved with changes, approved as is, or rejected for further discussion.

What are the two levels of deliberation for a bill in the legislative process?

The two levels of deliberation are the first level, which is conducted in committee meetings, joint committee meetings, and legislative body meetings, and the second level, which is conducted in a plenary session.

What is included in the second level of deliberation in a plenary session?

The second level of deliberation includes the presentation of reports on the objections and opinions of the minority, the opinions of the majority, the opinions of the factions, and the results of the first level of deliberation, including statements of agreement or rejection from each faction and member.

What happens if consensus is not reached during the deliberation process?

If consensus is not reached through deliberation, the decision is made by a majority vote or the vote with the most support.

What is the final step for a bill to become a law after it is approved by the DPR?

Once a bill is approved by the DPR and the government, it is handed over to the President for signing into a law (UU) or an act. If the President does not sign the approved bill within 30 days, it automatically becomes law and must be promulgated.

Can a law be revoked in Indonesia, and if so, how?

Yes, a law can be revoked in Indonesia through judicial review or by filing a material review to the Constitutional Court.

What is the first procedure in the judicial review process to revoke a law?

The first procedure in the judicial review process is to check the completeness of the application. If it is incomplete, it must be completed within seven days.

What happens after the application for judicial review is found complete?

After the application is found complete, a hearing date is set within the next 30 working days, except for election dispute cases which have a different schedule.