Bahan Paparan Kepala BPHN (APINDO) 11 APRIL 2017
Implementasi Good Regulatory Practice
(GRP) Dalam Rangka Transparansi
Regulasi di Indonesia
Komitmen
The Indonesian government is highly committed to
attract trade and investment in Indonesia.
Regulatory reform is a key to implement such
commitment. Towards a good regulatory, we need
support from any elements both in superstructure
and infrastructure level.
Indonesia recognize hierarchy of legislation, it should
not only as a formal requirements, but it should be
implemented in the process for creating and
evaluating regulations in order to achieve consistent
regulations. We realize there are still many complaints
from economic actors since regulations give a burden
for their business and its content is inconsistency to
each others.
All of this caused mostly by the persistence of the
ego-sectorial.
1.
Hyper-regulated
2.
Disharmonize
3.
Multi interpreting
4.
Ineffective
5.
High Cost
EXISTING
LAW
1.
stream/ simple
2.
Harmonize
3.
Clear
4.
effective
5.
efficient
IDEAL
LAW
Law No 12/2011 on
Formulation of Laws and
Regulations
Presidential
Regulation No.
87/2014
The principles (art. 5)
• Is the objective of a regulation clearly
defined?
• What is the appropriate level of
government for forming a regulation?;
• Does the regulation compatible with
the other regulation regarding types,
hierarchies, and substance?;
• Can the regulations be implemented?;
• Can the regulations be effectived?;
• Does the regulation has been clearly
formulated?
• Does the (making of) regulation
transparent?
STRATEGY OF GRP
IN INDONESIA
STRATEGIES
to implement
good regulatory
practices to
help
overarching
strategic aims
for ASEAN.
BPHN has made efforts to improve and
strengthen the quality of the law and
regulations, such as:
1. Evaluation and elimination of problematic
regulations;
2. Strengthening harmonization of the
formulation of laws and regulations;
3. Deregulating and simplifying regulations;
4. Integrating data on Law and regulations
using a software program created by NLDA.
to improved
investment
climate,
enhanced trade
facilitation, and
increased
productivity
among others
REGULATORY MAKING PROCESS
I
• Planning
II
• Drafting
III
• Discussing
IV
• Validating
V
• Promulgating
Regulation
VI
• Evaluating
ENGAGMENT WITH PRIVATE SECTOR
to enhance engagment with private sector as well as
other stakeholder to improve the transparancy and
synergies of governmnet policies
BPHN conducted a public consultation mechanism at
each stage of the law making process.
Public consultation was conducted through FGD,
involving an expert, the stakeholders and the public
sector. In addition, we also held public consultations
through our website. People can give feedback
regarding the draft law, the academic draft and the
existing law that should be revised via the website
(www.bphn.go.id)
THE PRACTICE OF PUBLIC CONSULTATION
ON PROCESS OF LEGISLATION IN INDONESIA
National Law Development Agency (NLDA) of Indonesia
9
National Law Development Agency (NLDA) of Indonesia
10
1998-2015
Internet user
increase rapidly
in Indonesia
Data and
information
searching is one
of the most
important thing for
internet user
interest
National Law Development Agency (NLDA) of Indonesia
12
National Law Development Agency (NLDA) of Indonesia
13
National Law Development Agency (NLDA) of Indonesia
14
RELIGIOUS AND HUMANITY
processes
VALUE
UNITY
Good
regulatory
practice
(GRP)
MODEL
DEMOCRACY
PROCEDURE
SOCIAL JUSTICE
GOAL
tools and
methods
systems
systems
tools and
methods
processes
systems
Good
regulatory
practice
(GRP)
EVALUATION
Evaluation and elimination of problematic regulations
o du ted y le eli g task for e a d lassified y 4 se tors:
NATIONAL
TASK
FORCE
ANALYST
ECONOMIC
PUBLIC
OFFICER
TASK
FORCE
ACADEMICS
RESEARCHER
PROFESSIONAL
SECTORAL
TASK
FORCE
POLITIC,
DEFENCE AND
SECURITY
SECTORS
LOCAL
TASK
FORCE
SOCIAL AND
CULTURAL
NATURAL
RESOURCES
AND
ENVIRONMENT
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
tools and
methods
EVALUATION
Evaluation and elimination of problematic regulations
conducted by 5D method:
The conformity
between types,
hierarchy, and
the substance of
legislation
The effectiveness
of the
implementation
of legislation
Clarify of the
formulation of
the provisions of
legislation
AMANDEMENT
(revise/modified)
Potential
disharmony of
provisions of
legislation
Assessment of
substance of
legislation
MAINTENANCE
(expanded)
GRP
ASEAN
SIMPLIFICATION
REVOKE
(repealed)
(streamlined)
5D
RECOMENDATIONS
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
processes
EVALUATION
Evaluation as one of process of legislating system
I orporati g e aluatio of la
Legislatio as a part/phase i the la
aki g pro ess i the re isio s of La No. Year 2011Evaluation of Law (Existing Legislations) is meant to
generate recommendation whether one legislation are needed to be revised, revoked or will remain in effect (on progress). This recommendation will be crucial as a basis or input for
relevant ministries/government institutions in the National Legislation Program stage (planning stage of law making process).
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
for improving the
quality of
regulations
The Process of Planning Regulations (Executive Branch)
based on Presidential Regulation No. 87/2014
Planning of regulations
Final = 84 proposals
(a five-year)
6
5
Stakeholders
meeting
2
BPHN
1
Ministries/
institutions
propose the
regulation
needed (draft of
bill, letter)
Proposal = 110
Comments
Criterias/
requirements:
• Academic
draft
• Draft of bill
Criterias/
requirements:
• Academic draft
• Draft of bill
• Meeting with others
M/I and stakeholders
• Harmonization
8
President
Parliamentt
Joint Meeting
Presentation
&
Comments
House (136 bills),
Regional (85 bills),
executive (84 bills)
3
4
Planning of regulations
For the priority in 2017
Ministry of Law
7
Committee
Regulation
Yes
No
Use the
0
principles
160 Bills for
Use the
same
criteria
a five –years
jointly approved 9
Priority 2017 =
50 bills
OPPORTUNITIES
EKONOMI
ECONOMY
MANFAAT
BENEFIT
EFISIENSI
EFFICIENCY
KEADILAN
JUSTICE
KESEJAHTERAAN
MASYARAKAT
SOCIAL WELFARE
LAW metric
Developing
Publication of
Regulations
in Indonesia
single authority
on managing publication of
regulations
www.sipuu.setkab.go.id
TYPE OF REGULATION
www.setneg.go.id
www.peraturan.go.id
www.jdihn.id
Law/ Government Regulations
in Lieu of Laws
Government Regulations
Presidential Regulations
Ministry Regulations
DATA
INTEGRATING
SYSTEM
Non Ministry Regulations
Provincial Regulations
Regency/Municipality Regulations
Promoting single portal:
Law
1.613
Government
Regualtions
Presidential
Decicions
Presidential
Regulations
Presidential
Instructions
4.290
4.742
1.664
350
174
Government
Regulations in
Lieu of Laws
single authority
http://www.jdihn.bphn.go.id/
(GRP) Dalam Rangka Transparansi
Regulasi di Indonesia
Komitmen
The Indonesian government is highly committed to
attract trade and investment in Indonesia.
Regulatory reform is a key to implement such
commitment. Towards a good regulatory, we need
support from any elements both in superstructure
and infrastructure level.
Indonesia recognize hierarchy of legislation, it should
not only as a formal requirements, but it should be
implemented in the process for creating and
evaluating regulations in order to achieve consistent
regulations. We realize there are still many complaints
from economic actors since regulations give a burden
for their business and its content is inconsistency to
each others.
All of this caused mostly by the persistence of the
ego-sectorial.
1.
Hyper-regulated
2.
Disharmonize
3.
Multi interpreting
4.
Ineffective
5.
High Cost
EXISTING
LAW
1.
stream/ simple
2.
Harmonize
3.
Clear
4.
effective
5.
efficient
IDEAL
LAW
Law No 12/2011 on
Formulation of Laws and
Regulations
Presidential
Regulation No.
87/2014
The principles (art. 5)
• Is the objective of a regulation clearly
defined?
• What is the appropriate level of
government for forming a regulation?;
• Does the regulation compatible with
the other regulation regarding types,
hierarchies, and substance?;
• Can the regulations be implemented?;
• Can the regulations be effectived?;
• Does the regulation has been clearly
formulated?
• Does the (making of) regulation
transparent?
STRATEGY OF GRP
IN INDONESIA
STRATEGIES
to implement
good regulatory
practices to
help
overarching
strategic aims
for ASEAN.
BPHN has made efforts to improve and
strengthen the quality of the law and
regulations, such as:
1. Evaluation and elimination of problematic
regulations;
2. Strengthening harmonization of the
formulation of laws and regulations;
3. Deregulating and simplifying regulations;
4. Integrating data on Law and regulations
using a software program created by NLDA.
to improved
investment
climate,
enhanced trade
facilitation, and
increased
productivity
among others
REGULATORY MAKING PROCESS
I
• Planning
II
• Drafting
III
• Discussing
IV
• Validating
V
• Promulgating
Regulation
VI
• Evaluating
ENGAGMENT WITH PRIVATE SECTOR
to enhance engagment with private sector as well as
other stakeholder to improve the transparancy and
synergies of governmnet policies
BPHN conducted a public consultation mechanism at
each stage of the law making process.
Public consultation was conducted through FGD,
involving an expert, the stakeholders and the public
sector. In addition, we also held public consultations
through our website. People can give feedback
regarding the draft law, the academic draft and the
existing law that should be revised via the website
(www.bphn.go.id)
THE PRACTICE OF PUBLIC CONSULTATION
ON PROCESS OF LEGISLATION IN INDONESIA
National Law Development Agency (NLDA) of Indonesia
9
National Law Development Agency (NLDA) of Indonesia
10
1998-2015
Internet user
increase rapidly
in Indonesia
Data and
information
searching is one
of the most
important thing for
internet user
interest
National Law Development Agency (NLDA) of Indonesia
12
National Law Development Agency (NLDA) of Indonesia
13
National Law Development Agency (NLDA) of Indonesia
14
RELIGIOUS AND HUMANITY
processes
VALUE
UNITY
Good
regulatory
practice
(GRP)
MODEL
DEMOCRACY
PROCEDURE
SOCIAL JUSTICE
GOAL
tools and
methods
systems
systems
tools and
methods
processes
systems
Good
regulatory
practice
(GRP)
EVALUATION
Evaluation and elimination of problematic regulations
o du ted y le eli g task for e a d lassified y 4 se tors:
NATIONAL
TASK
FORCE
ANALYST
ECONOMIC
PUBLIC
OFFICER
TASK
FORCE
ACADEMICS
RESEARCHER
PROFESSIONAL
SECTORAL
TASK
FORCE
POLITIC,
DEFENCE AND
SECURITY
SECTORS
LOCAL
TASK
FORCE
SOCIAL AND
CULTURAL
NATURAL
RESOURCES
AND
ENVIRONMENT
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
tools and
methods
EVALUATION
Evaluation and elimination of problematic regulations
conducted by 5D method:
The conformity
between types,
hierarchy, and
the substance of
legislation
The effectiveness
of the
implementation
of legislation
Clarify of the
formulation of
the provisions of
legislation
AMANDEMENT
(revise/modified)
Potential
disharmony of
provisions of
legislation
Assessment of
substance of
legislation
MAINTENANCE
(expanded)
GRP
ASEAN
SIMPLIFICATION
REVOKE
(repealed)
(streamlined)
5D
RECOMENDATIONS
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
processes
EVALUATION
Evaluation as one of process of legislating system
I orporati g e aluatio of la
Legislatio as a part/phase i the la
aki g pro ess i the re isio s of La No. Year 2011Evaluation of Law (Existing Legislations) is meant to
generate recommendation whether one legislation are needed to be revised, revoked or will remain in effect (on progress). This recommendation will be crucial as a basis or input for
relevant ministries/government institutions in the National Legislation Program stage (planning stage of law making process).
systems
tools and
methods
processes
Good
regulatory
practice
(GRP)
for improving the
quality of
regulations
The Process of Planning Regulations (Executive Branch)
based on Presidential Regulation No. 87/2014
Planning of regulations
Final = 84 proposals
(a five-year)
6
5
Stakeholders
meeting
2
BPHN
1
Ministries/
institutions
propose the
regulation
needed (draft of
bill, letter)
Proposal = 110
Comments
Criterias/
requirements:
• Academic
draft
• Draft of bill
Criterias/
requirements:
• Academic draft
• Draft of bill
• Meeting with others
M/I and stakeholders
• Harmonization
8
President
Parliamentt
Joint Meeting
Presentation
&
Comments
House (136 bills),
Regional (85 bills),
executive (84 bills)
3
4
Planning of regulations
For the priority in 2017
Ministry of Law
7
Committee
Regulation
Yes
No
Use the
0
principles
160 Bills for
Use the
same
criteria
a five –years
jointly approved 9
Priority 2017 =
50 bills
OPPORTUNITIES
EKONOMI
ECONOMY
MANFAAT
BENEFIT
EFISIENSI
EFFICIENCY
KEADILAN
JUSTICE
KESEJAHTERAAN
MASYARAKAT
SOCIAL WELFARE
LAW metric
Developing
Publication of
Regulations
in Indonesia
single authority
on managing publication of
regulations
www.sipuu.setkab.go.id
TYPE OF REGULATION
www.setneg.go.id
www.peraturan.go.id
www.jdihn.id
Law/ Government Regulations
in Lieu of Laws
Government Regulations
Presidential Regulations
Ministry Regulations
DATA
INTEGRATING
SYSTEM
Non Ministry Regulations
Provincial Regulations
Regency/Municipality Regulations
Promoting single portal:
Law
1.613
Government
Regualtions
Presidential
Decicions
Presidential
Regulations
Presidential
Instructions
4.290
4.742
1.664
350
174
Government
Regulations in
Lieu of Laws
single authority
http://www.jdihn.bphn.go.id/