Implementasi Good Regulatory Practice
(GRP) Dalam Rangka Transparansi
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
EXISTING
LAW
IDEAL
LAW
1. Hyper-regulated
2. Disharmonize
3. Multi interpreting
4. Ineffective
5. High Cost
1. stream/ simple
2. Harmonize
3. Clear
4. effective
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?
STRATEGY OF GRP
IN INDONESIA
S
T
R
A
T
E
G
I
E
S
to implement good regulatory practices to help overarching strategic aims for ASEAN.BPHN has made efforts to improve and
strengthen the quality of the law and
regulations, such as:
1. Evaluation
and elimination of problematic
regulations;
2. Strengthening harmonization of the
formulation of laws and regulations;
3. Deregulating and simplifying regulations;
4. Integrating data
on Law and regulations
using a software program created by NLDA.
to improved investment climate,
enhanced trade facilitation, and increased
REGULATORY MAKING PROCESS
I
•
Planning
II•
Drafting
III•
Discussing
IV•
Validating
V
•
Promulgating
Regulation
•
Evaluating
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)
Data and information
searching is one of the most
important thing for internet user
interest 1998-2015
Good regulatory
practice (GRP)
processes
systems tools and
methods
SOCIAL JUSTICE
GOAL
DEMOCRACY
PROCEDURE
UNITY
MODEL
RELIGIOUS AND HUMANITY
Evaluation and elimination of problematic regulations
o du ted y le eli g task for e a d lassified y 4 se tors:
Evaluation and elimination of problematic regulations
conducted by 5D method:
EVALUATION
5 D
The conformity between types, hierarchy, and the substance of
legislation
Clarify of the formulation of the provisions of
Evaluation as one of process of legislating system
EVALUATION
Good regulatory
practice (GRP)
processes systems
tools and
methods processes
Good regulatory
practice (GRP)
processes
systems
tools and methods
for improving the
quality of
regulations
House (136 bills), Regional (85 bills), executive (84 bills)
160 Bills for
a five –years jointly approved Presentation & Comments 0 Ministries/ institutions propose the regulation needed (draft of
bill, letter)
BPHN
Proposal = 110
Planning of regulations
(a five-year)
Planning of regulations For the priority in 2017
Criterias/ requirements:
•Academic draft
•Draft of bill
•Meeting with others M/I and stakeholders
•Harmonization Comments Criterias/ requirements: • Academic draft
• Draft of bill
Committee Regulation
Yes No
Use the principles
Use the same criteria
Ministry of Law President Parliamentt
Joint Meeting
Stakeholders meeting
Priority 2017 = 50 bills
The Process of Planning Regulations (Executive Branch) based on Presidential Regulation No. 87/2014
Final = 84 proposals
1
2
3
4
5
6 7 8
OPPORTUNITIES
EKONOMI
MANFAAT
EFISIENSI
KEADILAN
KESEJAHTERAAN
MASYARAKAT
ECONOMY
BENEFIT
EFFICIENCY
JUSTICE
LAW
metric
Publication of
Regulations
in Indonesia
Developing
single authority
on managing publication of
regulations
Law/ Government Regulations in Lieu of Laws
DATA INTEGRATING SYSTEM Government Regulations Presidential Regulations Ministry Regulations Regency/Municipality Regulations Provincial Regulations
Non Ministry Regulations
Law Government Regualtions Presidential Regulations Presidential Decicions Presidential
Instructions Government Regulations in Lieu of Laws
Promoting single portal:
single authority
http://www.jdihn.bphn.go.id/
www.sipuu.setkab.go.id
www.jdihn.id
www.peraturan.go.id TYPE OF REGULATION
1.613 4.290 4.742 1.664 350
174
