By: Hendra J. Kede *)
The Jobs Law which was passed by the Plenary Parliament of the DPR has entered a new stage: it has been initiated by the Coordinating Minister for the Economy and the Minister of Law and Human Rights.
And in the not too distant future, it seems likely that the President will sign it so that it is legal to become a law.
Usually on the same day the Minister of Law and Human Rights will be promulgated so that it is legally recorded in the State Gazette of the Republic of Indonesia, meaning that all Indonesian people are deemed to have known the contents and legal consequences of the enactment of the Jobs Law and therefore all people are bound by these known characteristics, even though they have not read one word of the law.
The Coordinating Minister for the Economy also explained: The President ordered 40 (forty) derivative regulations from the Jobs Law that were delegative in nature to be completed within one month. Consists of 35 (thirty five) Government Regulations and 5 (five) Presidential Regulations.
In its release, the Central Information Commission emphasized the importance of paying attention to the human rights and constitutional rights of citizens to getting information, including but not limited to the right to getting information and participation in drafting derivative regulations of the Jobs Law.
Article 28 F of the 1945 Constitution of the Republic of Indonesia and Law Number 14 of 2008 concerning Public Information Disclosure (Law 14/2008) along with all its derivative regulations oblige regulators to open as wide access as possible to the public in drafting a regulation, both just access to knowledge and access. to convey views regarding the substance of a regulation.
The author frankly cannot imagine, how in conditions like today, where there are still dynamics that are quite dynamic in the midst of society regarding the Jobs Law, the government can optimally fulfill the people’s right to know and be involved in compiling 40 (forty) derivative regulations of the JobsLaw as mandated by Article 28F of the 1945 Constitution of the Republic of Indonesia and Law 14/2008 within one month.
The first law amended by the Jobs Law is Law 26/2007 on Spatial Planning alone delegating 9 (nine) Government Regulations. Meanwhile, before entering into the amendment of the Law, there are 2 (two) Government Regulations that must be formulated as well, out of a total of 40 delegative regulations.
The author tries to write down below the 11 (eleven) Government Regulations that must be issued.
First. Government Regulations governing risk-based Business Licensing (Articles 7, 8, 9, and 10) as well as the supervision procedures (Article 11);
Second. Government Regulations governing the settlement of mismatches between spatial plans and forest areas, permits and / or rights to land (Article 17 regarding amendments to Article 6 of Law Number 26 of 2007 concerning Spatial Planning);
Third. Government Regulation governing the Authority for Spatial Planning Management (Article 17 related to amendments to Article 8 of Law Number 26 of 2007 concerning Spatial Planning);
Fourth. Government Regulation governing Duties and Responsibilities of Spatial Planning (Article 17 regarding amendments to Article 9 of Law Number 26 of 2007 concerning Spatial Planning);
Fifth. Government Regulation organizing the Level of Accuracy of General Spatial Planning Maps and Detailed Spatial Plans (Article 17 regarding amendments to Article 14 of Law Number 26 of 2007 concerning Spatial Planning);
Sixth. Government Regulation that organizes the procedures for spatial planning related to defense and security as a regional spatial planning subsystem (Article 17 regarding amendments to Article 17 of Law Number 26 of 2007 concerning Spatial Planning);
Seven. Government Regulations that organizes content, guidelines and procedures for the preparation of provincial or district / city spatial planning arrangements and detailed spatial planning (Article 17 related to amendments to Article 18 of Law Number 26 of 2007 concerning Spatial Planning);
Eight. Government Regulations that organizes National Spatial Planning (Article 17 regarding amendments to Article 20 of Law Number 26 of 2007 concerning Spatial Planning);
Ninth. Government regulations that organizes the approval of the suitability of space utilization activities and procedures for providing appropriate compensation (Article 17 regarding amendments to article 37 of Law Number 26 of 2007 concerning Spatial Planning);
Tenth. Government regulations that organizes spatial planning in rural areas (Article 17 regarding amendments to Article 48 of Law Number 26 of 2007 concerning Spatial Planning);
Eleven. Government regulations that organizes the procedures and forms of community roles in spatial planning (Article 17 related to amendments to Article 65 of Law Number 26 of 2007 concerning Spatial Planning).
You can imagine the extent to which the interests of the people will be regulated in the 11 (eleven) Government Regulations above, especially in the overall regulations derived from the Jobs Law.
So, once again the author emphasizes that the government cannot say no, government should do its best to open up more space in order to fulfill the public’s right to information and the public’s right to participate and be heard which has been guaranteed by the Constitution and the Law in the preparation of 35 (thirty five) Government Regulations and 5 (five) Presidential Regualtions derived from the Jobs Law.
Isn’t it in the end that all laws and regulations are made as much as possible dedicated to the welfare of all Indonesian people?
So that there is no reason and it is appropriate that all elements of society be involved and heard in all stages of drafting legislation, including and not limited to the preparation of Government Regulations and Presidential Regulations as derivative rules of the Jobs Law.
*) Deputy Chairman of the Indonesian Central Information Commission/ Head of Law and Legislation Division of PP KB PII
