In its implementation, Law No. 10 Year 2004 on the Establishment of Legislation is still problematic and no longer able to encourage the good order of legislation drafting. Center for Regulation Impact and Regional Autonomy Studies (Sadar Otda) of UGM Law Faculty with the Regional Representatives Council (DPD) saw the need to discuss it. Both argued that the Law in terms of substance and technique has a fundamental problem.
In fact, the DPD as the Law Designing Committee (PPUU) has identified some issues related to this Law. Some of these substances are the conception and principle of the legislation, legislature institutions, the hierarchy of legislation, and the legislature process.
In the Focus Group Discussion held by both institutions in Faculty of Law, Thursday (3/6), Enny Nurbaningsih, S.H., M.Hum, speaker in the discussion, said that as an initiative product enacted on 1 November 2004 by the House of Representatives, this Law is considered premature. Academically, this Act had long been planned as National Legislation Program (Prolegnas). "Interestingly, the problem there is not resolved. There is the impression that it is made a project, because they are aware that there is a problem there, but they do not try to solve it. It should have been completed first before being enacted," said the UGM professor of Administrative Law.
It was a pity when the House was arranging the National Legislation Program I (2005-2009), this legal product was directly listed as an Act requiring priority revision. But due to the end of service of members of Parliament, the law failed to be revised. "From the beginning, problems were already visible. Ideally, it is corrected first, because this has implications on the legal institution that forms the Law, it also leads to legal uncertainty," she explained.
Enny said that as a democratic constitutional state, the condition does not clearly show synchronization of Indonesian law. There are various laws that are not the ones expected. "At the national level, our laws ranging from laws to government regulations, are overlapped. It scares me to see this," said Enny.
Therefore, to produce good legislations, Enny expected people to hold to the principle of prudence, the principle that can be used when drafting legislations at the national or the international level. "There are many legislations that have not finished, but already changed to another model. Also, legal articles have not been drawn up, but the law has been changed again. That often happens," she said.
In connection with the revision of the Law No. 10/2004, Enny also believes that the settlement should no longer be simply a compilation, because the draft revision from the DPD strongly impressed that. "That the draft being arranged, which seems only compiling the MPRS Decree No. 20/1966, is withdrawn, also MPR Decree No. III/2000, Act No. 10 Year 2004. It is not just a matter of compilation, but how we examine the various issues that arise after the Act No.10 Year 2004 for improvement," she explained.
B. Hestu Cipto Handoyo, S.H., M.Hum., lecturer of Administrative Law, University of Atma Jaya Yogyakarta (UAJY), maintained that the Act No. 10 Year 2004 is changed into the Law on Establishment of System of Laws and Regulations (SP3), the word "system", of course, means an institution consisting of parts which are interconnected with one another to form a unity. If the meaning of "system" is associated with the name of the Act which will replace the Law of SP3, it seems that this law will regulate the various components that are interrelated within the framework of the legislation drafting. "Thus, the SP3 law is expected to be more complete to accommodate all drafting aspects and processes," explained this Vice-Rector of UAJY, as well as Executive Director of Yogyakarta Parliament Watch.
Referring to the stipulation of Article 53 Law No. 10 Year 2004, which states that the community is involved as much as possible in the process of policy formulation, the DPD as the Law Designing Committee is likely to continue to conduct Focus Group Discussion (FGD) in various areas. The DPD is expecting inputs from academics, practitioners, the bureaucracy at the provincial and district/city level, NGOs and students for improving the DPD’s draft version that will be brought to the House of Representatives.
The forum was attended by Vice Dean for Academic Affairs Faculty of Law UGM, Dr. Riyanto Sigit, S.H, L.L.M, who also opened the event. Meanwhile, from the DPD there were Hj. Amang Syafroedin, Lc., Mohammad Afnan Hadikusumo, H. Kamarudin, H. Pardi, S.H., Habib Abdullah, S.H., K.H. Abdi Sumardi, and K.H. Sibli Sahabuddin.