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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
DECIDES:
To stipulate:
LAW CONCERNING MAKING RULES.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Law:
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
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.
Article 2
Pancasila is the source of all sources of state law.
Article 3
(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.
Article 4
Rules are set forth in this Law includes Law and Regulations under it.
CHAPTER II
PRINCIPLES OF MAKING RULES
Article 5
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.
Article 6
(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.
CHAPTER III
TYPE, HIERARCHY, AND CONTENTS OF RULES
Article 7
(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).
Article 8
(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.
Article 9
(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
(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.
Article 11
Contents of Government Regulation in Lieu of Law same with the contents of Law.
Article 12
Government Regulation contents contain contents to implement the Law properly.
Article 13
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.
Article 14
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.
Article 15
(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
Planning for making Law is done by Prolegnas.
Article 17
Prolegnas as intended in Article 16 is the priority scale in making Law program in the
framework to implement national legal system.
Article 18
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.
Article 19
(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.
Article 20
(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.
(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.
Article 21
(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.
Article 22
(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.
Article 23
(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.
Part Two
Planning of Government Regulation
Article 24
Planning the preparation of Government Regulation is carry out in Government
Regulation preparation program.
Article 25
(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.
Article 26
(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.
Article 27
Draft of Government Regulation is from the ministries and/or government agencies in
accordance with its assignments.
Article 28
(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.
Article 29
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
Planning the preparation of Presidential Regulation is carried out in Presidential
Regulation preparation program.
Article 31
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.
Part Four
Planning of Province Regulation
Article 32
Planning the preparation of Province Regulation is carry out in Province Prolegda.
Article 33
(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.
Article 34
(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
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.
Article 36
(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.
Article 37
(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.
Article 38
(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.
Part Five
Planning of Regency/ Municipality Regulation
Article 39
Planning the preparation of Regency/Municipality Regulation is carry out in
Regency/Municipality Prolegda.
Article 40
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.
Article 41
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.
Part Six
Planning of Other Rules
Article 42
(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
Part One
Preparation of Law
Article 43
(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:
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.
Article 44
(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.
Article 45
(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.
Article 46
(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.
Article 47
(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.
(4) Further provisions on the procedure of preparing the Law Draft as intended in
paragraph (1) will be governed by Presidential Regulation.
Article 48
(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.
Article 49
(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.
Article 50
(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.
Article 51
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
(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).
Article 53
Provision on the procedure of preparation of the Draft of Government Regulation In
Lieu of Law will be governed by Presidential Regulation.
Part Three
Preparation of Government Regulation
Article 54
(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.
Part Four
Preparation of the Presidential Regulation
Article 55
(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.
Part Five
Preparation of Province Regulations
Article 56
(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.
Article 57
(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.
Article 58
(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.
(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.
Article 59
Further provisions on the procedure of preparation of the Draft of Province Regulation
from the Governor will be governed by Presidential Regulation.
Article 60
(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.
Article 61
(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.
Article 62
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.
Part Six
Preparation of Regency/Municipality Regulation
Article 63
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.
CHAPTER VI
TECHNIQUE TO PREPARE RULES
Article 64
(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
Part One
Discussion of Law Draft
Article 65
(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.
Article 66
Discussion Law Draft carried out in 2 (two) levels discussion.
Article 67
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
(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.
Article 69
(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
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.
Article 70
(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.
Article 71
(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.
Part Two
Legalization of Law Draft
Article 72
(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
(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.
Article 74
(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
Part One
Discussion of Draft of Province Regulation
Article 75
(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.
Article 76
(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.
Part Two
Discussion Draft of Regency/Municipality Regulation
Article 77
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.
Part Three
Determination of Draft of Province Regulation
Article 78
(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.
Article 79
(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.
CHAPTER IX
PROMULGATION
Article 81
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.
Article 82
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.
Article 83
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.
Article 84
(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 85
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.
Article 86
(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.
Article 87
Rules comes into force and have binding force on the promulgation date, unless
otherwise specified in the relevant Rules.
CHAPTER X
DISSEMINATION
Part One
Dissemination of Prolegnas, Law Draft, and Law
Article 88
(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.
Article 89
(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.
Article 90
(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
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.
Article 91
(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.
Part Two
Dissemination Prolegda, Draft of Province Regulations or
Regency/Municipality Regulation, and Province Regulations or
Regency/Municipality Regulation
Article 92
(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.
Article 93
(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.
Article 94
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.
Part Three
Distributed Documents
Article 95
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.
CHAPTER XI
PUBLIC PARTICIPATION
Article 96
(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.
CHAPTER XII
OTHER PROVISIONS
Article 97
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.
Article 98
(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.
Article 99
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.
CHAPTER XIII
CLOSING PROVISION
Article 100
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
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
DECIDES:
To stipulate:
LAW CONCERNING MAKING RULES.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Law:
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
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.
Article 2
Pancasila is the source of all sources of state law.
Article 3
(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.
Article 4
Rules are set forth in this Law includes Law and Regulations under it.
CHAPTER II
PRINCIPLES OF MAKING RULES
Article 5
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.
Article 6
(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.
CHAPTER III
TYPE, HIERARCHY, AND CONTENTS OF RULES
Article 7
(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).
Article 8
(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.
Article 9
(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
(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.
Article 11
Contents of Government Regulation in Lieu of Law same with the contents of Law.
Article 12
Government Regulation contents contain contents to implement the Law properly.
Article 13
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.
Article 14
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.
Article 15
(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
Planning for making Law is done by Prolegnas.
Article 17
Prolegnas as intended in Article 16 is the priority scale in making Law program in the
framework to implement national legal system.
Article 18
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.
Article 19
(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.
Article 20
(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.
(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.
Article 21
(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.
Article 22
(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.
Article 23
(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.
Part Two
Planning of Government Regulation
Article 24
Planning the preparation of Government Regulation is carry out in Government
Regulation preparation program.
Article 25
(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.
Article 26
(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.
Article 27
Draft of Government Regulation is from the ministries and/or government agencies in
accordance with its assignments.
Article 28
(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.
Article 29
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
Planning the preparation of Presidential Regulation is carried out in Presidential
Regulation preparation program.
Article 31
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.
Part Four
Planning of Province Regulation
Article 32
Planning the preparation of Province Regulation is carry out in Province Prolegda.
Article 33
(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.
Article 34
(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
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.
Article 36
(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.
Article 37
(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.
Article 38
(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.
Part Five
Planning of Regency/ Municipality Regulation
Article 39
Planning the preparation of Regency/Municipality Regulation is carry out in
Regency/Municipality Prolegda.
Article 40
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.
Article 41
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.
Part Six
Planning of Other Rules
Article 42
(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
Part One
Preparation of Law
Article 43
(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:
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.
Article 44
(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.
Article 45
(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.
Article 46
(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.
Article 47
(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.
(4) Further provisions on the procedure of preparing the Law Draft as intended in
paragraph (1) will be governed by Presidential Regulation.
Article 48
(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.
Article 49
(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.
Article 50
(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.
Article 51
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
(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).
Article 53
Provision on the procedure of preparation of the Draft of Government Regulation In
Lieu of Law will be governed by Presidential Regulation.
Part Three
Preparation of Government Regulation
Article 54
(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.
Part Four
Preparation of the Presidential Regulation
Article 55
(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.
Part Five
Preparation of Province Regulations
Article 56
(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.
Article 57
(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.
Article 58
(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.
(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.
Article 59
Further provisions on the procedure of preparation of the Draft of Province Regulation
from the Governor will be governed by Presidential Regulation.
Article 60
(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.
Article 61
(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.
Article 62
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.
Part Six
Preparation of Regency/Municipality Regulation
Article 63
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.
CHAPTER VI
TECHNIQUE TO PREPARE RULES
Article 64
(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
Part One
Discussion of Law Draft
Article 65
(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.
Article 66
Discussion Law Draft carried out in 2 (two) levels discussion.
Article 67
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
(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.
Article 69
(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
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.
Article 70
(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.
Article 71
(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.
Part Two
Legalization of Law Draft
Article 72
(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
(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.
Article 74
(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
Part One
Discussion of Draft of Province Regulation
Article 75
(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.
Article 76
(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.
Part Two
Discussion Draft of Regency/Municipality Regulation
Article 77
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.
Part Three
Determination of Draft of Province Regulation
Article 78
(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.
Article 79
(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.
CHAPTER IX
PROMULGATION
Article 81
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.
Article 82
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.
Article 83
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.
Article 84
(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 85
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.
Article 86
(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.
Article 87
Rules comes into force and have binding force on the promulgation date, unless
otherwise specified in the relevant Rules.
CHAPTER X
DISSEMINATION
Part One
Dissemination of Prolegnas, Law Draft, and Law
Article 88
(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.
Article 89
(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.
Article 90
(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
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.
Article 91
(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.
Part Two
Dissemination Prolegda, Draft of Province Regulations or
Regency/Municipality Regulation, and Province Regulations or
Regency/Municipality Regulation
Article 92
(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.
Article 93
(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.
Article 94
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.
Part Three
Distributed Documents
Article 95
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.
CHAPTER XI
PUBLIC PARTICIPATION
Article 96
(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.
CHAPTER XII
OTHER PROVISIONS
Article 97
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.
Article 98
(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.
Article 99
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.
CHAPTER XIII
CLOSING PROVISION
Article 100
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