Begini Proses Pembentukan Undang-undang

CNN Indonesia

8 Oct 202004:35

Summary

TLDRThe 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🚫 Laws can be repealed through judicial review or by challenging their constitutionality at the Constitutional Court, with a process that includes the examination of the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.

Outlines

00:00

📜 Process of Lawmaking in Indonesia

The paragraph outlines the intricate process of lawmaking in Indonesia. It begins by mentioning a recent legislative meeting on October 5th, emphasizing that the journey from a bill to a law is lengthy and complex. According to the Law No. 12 of 2011 concerning the formation of legislation, a bill can originate from the President, DPR (House of Representatives), or DPD (Regional Representatives Council). The President's proposed bills are prepared by relevant ministers or agency heads. These bills are then included in the National Legislation Program (Prolegnas) by the DPR for a five-year period. The bills must be accompanied by academic scripts, except for budget-related bills, government regulation replacement bills, or bill cancellations. The process continues with the DPR leadership announcing the bill proposal in a plenary session, followed by deliberations and potential amendments or rejections. If approved, the bill proceeds through two levels of discussions: first, in commission meetings, combined commission meetings, and legislative body meetings; second, in a plenary session where reports and opinions from factions and members are presented. If consensus is not reached, decisions are made by a majority vote. Finally, if approved by the DPR and the government, the bill 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. The paragraph also touches on the possibility of laws being revoked through judicial review by the Constitutional Court.

Mindmap

Keywords

💡Rancangan Undang-Undang

A 'Rancangan Undang-Undang' refers to a draft law in the legislative process. In the context of the video, it is the initial stage where a proposal for a new law is put forward by the President, DPR (House of Representatives), or DPD (Regional Representatives Council). The script mentions that the President's proposed draft law is prepared by a minister or the head of a related institution, highlighting the significance of this phase in shaping the legislative agenda.

💡Prolegnas

Prolegnas, short for 'Program Legislasi Nasional,' translates to the National Legislation Program. It is a five-year legislative plan that includes the draft laws to be processed by the DPR. The script specifies that a draft law must be included in this program to proceed, indicating its role in setting the legislative priorities and timeline.

💡Rapat Paripurna

A 'Rapat Paripurna' is a plenary session in the legislative body, where all members convene to discuss and make decisions on various issues, including draft laws. The script describes how a draft law is announced in a plenary session, emphasizing the collective decision-making process in the legislative body.

💡Pembicaraan Tingkat Pertama

The 'Pembicaraan Tingkat Pertama' or the first level of deliberation, is a stage in the legislative process where the draft law is discussed in committees, combined committee meetings, and legislative body meetings. The script outlines this as a crucial step for in-depth examination and feedback on the draft law before it proceeds to the next stage.

💡Musyawarah Mufakat

Musyawarah Mufakat is an Indonesian term for consensus-building, which is a decision-making process aimed at reaching a unanimous agreement. The script mentions that if consensus is not reached through this process, the decision is made by a majority vote, highlighting the importance of collaborative decision-making in the legislative process.

💡Presiden

The 'Presiden' or President in the context of the video, plays a pivotal role in the legislative process. After a draft law is approved by the DPR, it is handed over to the President for signing into law. The script illustrates the President's authority in finalizing the legislative process by either signing the bill into law or allowing it to become law automatically if not signed within 30 days.

💡Mahkamah Konstitusi

The 'Mahkamah Konstitusi' or Constitutional Court is mentioned in the script as the body responsible for judicial review, which can lead to the cancellation of a law. This demonstrates the checks and balances in the legal system, where the Constitutional Court ensures that laws adhere to the constitution.

💡Pengajuan Hak Uji Materi

A 'Pengajuan Hak Uji Materi' refers to the submission of a material review right, which is a legal process where the constitutionality of a law can be challenged. The script describes this as one of the ways to cancel a law, showcasing the mechanisms in place for legal scrutiny and accountability.

💡Pemeriksaan Kelengkapan Permohonan Panitera

The 'Pemeriksaan Kelengkapan Permohonan Panitera' is the examination of the completeness of the application by the court. If the application for a judicial review is incomplete, the script notes that it must be completed within seven days, illustrating the procedural requirements in the legal review process.

💡Persetujuan Bersama DPR dan Wakil Pemerintah

Achieving 'Persetujuan Bersama DPR dan Wakil Pemerintah' or joint approval from the DPR and the government's representative is a critical step before a draft law is sent to the President. The script emphasizes the collaborative aspect of the legislative process, requiring consensus among different branches of government.

💡Undang-Undang

An 'Undang-Undang' is a law in Indonesia. The script discusses the process of how a draft law becomes an official law, including the necessary approvals and steps, which is central to the video's theme of the legislative process.

Highlights

Process of becoming a law in Indonesia involves a lengthy procedure as outlined by the data collected by the CNN Indonesia research team.

A draft law can originate from the President, DPR, or DPD according to the Law No. 12 of 2011.

The draft law prepared by the President is handled by relevant ministers or agency heads.

The draft law is then included in the National Legislation Program (Prolegnas) by the DPR for a five-year period.

The draft law must be accompanied by an academic script, except for budget-related laws.

The leadership of the DPR announces the draft law to all members in a plenary session.

The draft law is discussed and may be approved with changes, approved as is, or rejected for further discussion.

If approved for discussion, the draft law undergoes two levels of deliberation.

The first level of deliberation occurs in commission meetings, joint commission meetings, and legislative body meetings.

The second level of deliberation happens in a plenary session with reports on the opinions of factions, DPC, and the results of the first-level deliberation.

If consensus is not reached, the decision is made by a majority vote.

If the draft law is approved by the DPR and the government, it is then handed to the President for signing into law.

If the President does not sign the approved draft law within 30 days, it automatically becomes law and must be promulgated.

Laws can be repealed through judicial review or by filing a material review with the Constitutional Court.

The first step in the repeal process is to check the completeness of the application; if incomplete, it must be supplemented within seven days.

If the application is complete, a hearing date is set, except for election dispute cases.

Parties involved in the case are notified and the schedule of the case hearing is announced to the public.

The examination during the trial includes written evidence, statements from the President, government, DPR, or DPD, witness and expert testimonies, and other relevant information.