By : Bening Arumsari)*
President Jokowi signed Law (UU) Number 13 of 2022 which is the second amendment to Law Number 12 of 2011 concerning the Establishment of Legislations (PPP). This law was signed by President Jokowi on Thursday, June 16, 2022.
Legislation includes the stages of planning, preparation, discussion, ratification or determination, and promulgation. PPP is a requirement in the framework of developing national law. The implementation itself must be carried out in a planned, integrated and sustainable manner within the national legal system that guarantees the protection of the rights and obligations of all Indonesian people.
UU no. 13 of 2022 was born as a follow-up to the Decision of the Constitutional Court Number 91/PUU-XVII/2020 regarding the Formal Review of Law Number 11 of 2020. The purpose of the ratification of this Law is to correct technical errors after mutual agreement between the DPR and the President in a plenary meeting prior to ratification. and legislation, forming laws and regulations electronically, as well as changing the support system from researchers to other functional officials whose scope of duties is related to the formation of laws and regulations.
The next goal is to change the technique of preparing academic texts and drafting laws and regulations. Next is to add an omnibus method, and to strengthen meaningful community involvement and participation.
The omnibus method in the PPP Law is contained in Article 42A which reads The use of the omnibus method in the preparation of a Draft Law and Regulations must be stipulated in the planning document. The omnibus method referred to here is the method of preparing laws and regulations with several criteria.
The criteria for drafting laws and regulations using the omnibus method are regulated in Article 64 paragraph 1b, where the drafting method must contain new content. Furthermore, changing the content material that has relevance and/or legal requirements regulated in various regulations with the same hierarchical type, as well as revoking laws and regulations of the same type and hierarchy by combining them.
The PPP law also allows for amendments to the approved bill if there are errors in it. The error referred to here is a technical error of writing, the correction of which requires a separate mechanism. This is in accordance with the provisions of Article 72 paragraph 1a.
Strengthening community involvement is also the essence of Law no. 13 of 2022. Strengthening community involvement and participation in Article 96 explains that the community has the right to provide input in the stages of law formation orally, in writing, online or offline. Giving aspirations from the community can be one of the effective steps so that the law that is passed is in accordance with the needs and can be implemented optimally.
President Jokowi’s policy to promulgate Law no. 13 of 2022 must be appreciated by the community. This law responds to the challenge of establishing laws and regulations with a definite, standard method with binding standards. Hopefully this law can be the right way to realize a national legal system that guarantees the protection of the rights and obligations of all Indonesian people in accordance with the 1945 Constitution.
)* Author is Contributor for Pertiwi Institute
