Dean’s Speech in University’s 56th Anniversary
UNEJ Law’s Dean, Dr. Bayu Dwi Anggono, became a dies reader at the 56th Anniversary of the University of Jember. In his presentation, he asserted that as of November 2019, there are 43,005 laws and regulations in Indonesia. They are 1,686 Acts, 180 Regulation in Lieu of Acts, 455 Government Regulations, 2,002 Presidential Regulations, 14,456 Ministerial Regulations, 4,165 Non-Ministerial Government Agency Regulations. While the most are 15,965 Regional Regulations.
It is not surprising that President Joko Widodo complains that a such number of laws and regulations impede economic development. As a result, it is important to revise and regulate further these laws and regulations in Indonesia.
According to Dr. Bayu, these abundant laws and regulations potentially confuse and they complicate governmental affairs. In the context, laws and regulations have the function to regulate, guide and guarantee order, including to encourage legal certainty and social justice. Therefore, the strategy for structuring the laws and regulations can be carried out by first complying with the five prerequisites for the formation of laws and regulations.
The five prerequisites are an orderly basis for laws and regulations, the orderly formation of laws and regulations, evaluation of statutory regulations, a system of judicial review, and public participation.
“The commitment to structuring the laws and regulations should be stated nationally in a document that is compiled together, optimally disseminated by involving the public and applied at all levels of government. It needs joint-commitment. In reality, the statutory regulation as explained by Professor Mahfud MD result in more political decisions compared to carrying out real legal work, “Dr. Bayu affirmed.
Dr. Bayu suggested structuring Indonesian laws and regulations. First, formally adopting a legislative arrangement program at the central level by setting clear objectives and a framework for the implementation. Second, organizing the types, hierarchies, and content of laws and regulations. Third, improving the planning process in the formation of laws and regulations by adopting assessment practices in the proposed draft of new laws and regulations, and structuring the harmonization of laws and regulations.
It is also inextricable to engage public participation in forming laws and regulations to ensuring these products are under a democratic process. Thus, it must be followed by the adoption of a routine and systematic evaluation of laws and regulations. “I also propose to introduce a special institution responsible for forming laws and regulations. This institution will be involved from the beginning in the process of forming regulations in government circles such as those formed in South Korea. Finally, introducing a one-stop judicial review at the Constitutional Court, ” Dr. Bayu ended his speech.