papers Hukum

Initiating REGULATION SYSTEM FORMATION OF LEGISLATION resposif









Prepared To Meet the Task tersetrukturSubject to the Administrative Law

Prepared by:
Danang Pujiono 0701030013


Study Program PANCASILA EDUCATION AND CITIZENSHIPFACULTY Teacher Training and EducationUNIVERSITY MUHAMMADIYAH Navan2010CHAPTER IINTRODUCTION
Indonesia is a country of law. The provisions of Article 1 paragraph (3) of the Constitution of the Republic of Indonesia is the will of the people (volonte generale) to be the highest of Indonesia in implementing the basic constitutional law of Indonesia. The main pillar in realizing the rule of law is the establishment of legislation and institutional arrangement of the state.Establishment of legislation is one of the requirements in the context of developing a national law that can only be achieved if supported by certain means and methods, raw, and standards are binding on all institutions authorized to make regulations.There are two kinds of legal development strategy which ultimately implies pda once its legal character of the product development of the law "orthodox" and the development of the law "responsive". In the orthodox strategy of legal development, the role of state institutions (government and parliament) is dominant in determining the direction of legal development that is more positivist-instrumentalist, is a powerful tool for the implementation of the ideology and program countries. While in law development strategies responsive, more produce laws that are responsive to the demands of various social groups and individuals within the community.








CHAPTER IIFUNDAMENTAL ISSUES
State of Indonesia is currently faced with some fundamental issues related to the formation of the system of legislation:Of the limitations of Act No. 10 of 2004 on the establishment of legislation and political will to change this country;The minimal role of the Council as a representative body in the process of establishing regulations under Law No. 10 of 2004 on the Establishment of Legislation and Law Number 27 Year 2009 on the MPR, DPR, DPD, and the Parliament;Enactment of Law Number 27 Year 2009 on MPR, DPR, DPD, and the Parliament that govern the discussion of laws and not yet integrated with the Act No. 10 of 2004 on the establishment of legislation;The absence of a genuine public participation mechanisms in the formation of legislation.Based on these fundamental issues, this paper tries to parse each one as an alternative refinement of thought the law on the establishment of laws and regulations.









CHAPTER IIIWEAKNESS AND ANALYSIS OF ALTERNATIVE refinement LAW NUMBER 10 OF 2004 ON THE ESTABLISHMENT OF LEGISLATION REGULATION
In discussing the Law 10/2004, first outlined the terms that contain flaws and weaknesses analysis, then the alternative outlined perfected. Some of the weaknesses and improvement alternative Law 10/2004 are as follows.A. Title / NamingEstablishment of legislationAccording to Article 1 paragraph 1 of Law 10/2004, the establishment of legislation means the process of making legislation that basically starts from the planning, preparation, preparation techniques, formulation, discussion, approval, promulgation, and dissemination. In the title of this Act is not reflected on the hierarchy of sources of law and legislation although in Articles 2 and 7 of Law 10/2004 is set on a hierarchy of sources of law and legislation. Thus the naming is not appropriate because it does not represent the substance of which is set further in the torso.2. Article 1 number 1(1) Establishment of legislation is the process of making legislation that basically starts from the planning, preparation, preparation techniques, formulation, discussion, approval, promulgation, and dissemination.Definition of "establishment" of legislation involves the "dissemination". In explanation of the Law 10/2004 Article 51 stated that what is meant by "spreading" is for the public to know the legislation and know / understand the content and purposes therein Dissemination of legislation is carried out, for example, through electronic media such as Televisi Republik Indonesia and Radio Republik Indonesia or print media. Based on the definition of "distribution" is not contained the meaning of "establishment" in it is still possible that the addition, alteration, or reduction of a provision in the legislation. Meaning of "distribute" and not merely sosialitatif may add, modify, or reduce the provision disseminated. Here is there consistency in the definition of "establishment".Dissemination should not be included as part of the establishment, thus becoming separate process of formation of the distribution as a post-formation process. Legal adage "every person deemed to know the law" is already being met in the stage of enactment. Stage is essentially the announcement of the promulgation of regulations in the official sheets for each person deemed to have been aware of enforceability of a law / legislation.3. Article 1 paragraph 2 to 8(2) Legislation is written rules established by the state agency or authorized official and binding in general.(3) of Law is the legislation that established by the House of Representatives by agreement with the President.(4) Government Regulation in Lieu of Law is the legislation that established by the President in matters of urgency that force.(5) government regulation is the legislation that established by the President to execute the Act as appropriate.(6) Regulation of the President of the legislation made by the President.(7) Regional Regulations is legislation that established by the legislature with the approval of the joint head of the region.(8) Village regulation / regulatory level is legislation made by village councils or other names along with the village or any other name.In figure 2 it is stated that the legislation was "formed", however, these provisions are not followed by consistent subsequent figures governing the formation of legislation. Only Law and Local Regulations which used the term "established", Regulation and PP used the term "set", while the regulation and the Regulation of the Village used the term "made". This shows in the consistent use of terms and meanings eventually lead to the following legal implications are not clear.In the context of the Act, the term "established" is correct because according to Article 20 of the Constitution NRI subsection 1945 (1) which reads:House of Representatives holds the power to make laws.In the context of regulation, the use of the term "formed" is not quite right because according to Article 18 of the Constitution NRI subsection (6) used the term "set":Local government has the right set of local regulations and other regulatory rules to implement the autonomy and assistance task.In the context of the Regulation, the term "set" is correct because according to Article 22 of the Constitution NRI subsection 1945 (1) which reads:In matters of urgency that force, the President has the right set of government regulations instead of legislation.In the context of PP, the use of the term "set" is correct because according to Article 5 of the Constitution NRI subsection 1945 (2) which reads:The President shall determine regulations for undangundang run properly.In the context of regulation and Perdes used the term "made" no reference to the constitution given the NRI 1945 Constitution does not explicitly mention the two forms of regulation. However, the use of the term "made" inconsistent with the provisions of item 2 of Law 10/2004 which uses the term "established". This is because the regulation and Perdes the regulations as stipulated in Article 7 paragraph (1) of Law 10/2004.4. Article 2Pancasila is the source of all sources of state law.The use of the term "source of state law" raises the meaning of facts that tend to narrow the law in Indonesia pruralisme between the existence of an unwritten law / customary law with written law. With a strong understanding of legal positivism in the administration of the Republic of Indonesia, which is state law is written law established by the state agency or authorized official and binding in general. As a result the law is not written to be neglected. For comparison, the MPR Decree No.. III/MPR/2000 used the following formula:Sources of national basic law is the Pancasila as it is written in the Preamble to the Constitution of 1945, ie Belief in God Almighty, just and civilized humanity yan, the unity of Indonesia, and Democracy guided by the inner wisdom of deliberation / representation, and the realization of social justice for the whole people of Indonesia, and the torso of the Constitution of 1945.The use of the term "national" which comes from the nation or nations translated further demonstrate a more flexible terms than the state. In the sense of nation, ethnic and tribal existence is more prominent as the growth of the unwritten law bases.Formulation is better if the law does not need to be followed by other terms that do not change the meaning of the law itself so that it reads: Pancasila is the source of all sources of law.5. Article 7 paragraph (1)Types and hierarchy of legislation are as follows:a. Constitution of the Republic of Indonesia Year 1945;b. Undang-Undang/Peraturan in Lieu of Law;c. Government Regulations;d. Regulation of the President;e. Local regulations.In the hierarchy of types and laws are not explicitly set the position of candy, PBI, PMK, and similar, although in Article 7 paragraph (4) has declared the existence and legal force outside the rules of the type referred to in paragraph (1) . The problem was that the terms "sepajang ordered" is often not met under the provisions of paragraph (4) is. This gives rise to the practice of making the type rules out paragraph (1) very much. Meanwhile, the government demands the implementation arrangements is also high so that when arranged with regulation or less regulation may memadahi regulatory requirements. Under these conditions the better position and the force of law Candies, PBI, PMK, and other similar types and hierarchy dieksplisitkan as regulations under the regulation.Fears of abuse of authority by the number of regulations made a ministerial-level officials as it did on TAP MPRS No. XX/MPRS/1966 can be resolved by judicial review mechanism that is active from MA. This is actually a middle ground when no possibility of candy, PBI, etc. without the higher order rules, but the practice can not be "dammed" that would lead to confusion, especially among local governments.6. Article 7 paragraph (2)a. Local regulations referred to in paragraph (1) letter e include:Local regulations made by the provincial legislature of the province along with the governor;b. Local Regulation of district / city created by the local legislative districts / cities along the regent / mayor;c. Village regulations / regulatory level, made by village councils or other names along with the village or any other name.Can be understood in political terms is based on the law that puts autonomous provinces, autonomous county / city, and village autonomy is not in a subordinate position. This means that the rules established by the three institutions charge each other but do not regulate domestic autonomy of each. In the context of Provincial Laws and Regulation County / City has not so many problems. Problems arise between the village with Regulation Regulation of Regency / City. Ordinate the position implications / parallel inter-regulation was not the workings of the legal principle of "lex derogat legi inferiori superiority". If this happens then it could be the position of ignoring regulations Perdes district / city government when it adminidtrasi, located in the village of the district / city. So from that position Perdes better separated from the regulations. Perdes better placed under the legislation last level of regency / city. Further rules and regulations of provincial districts / cities are also better separated with the argument that the law of politics that emphasizes the autonomy of the three types of local governments would not be subordinate to change just because the hierarchy. In practice the law of Regency / City must not conflict with the law governing the particular province of the spatial. Similarly to other settings should be no conflict between the regulations made local governments (provinces, districts. / Cities, and villages) as the set / load different materials based on the authority of each government. Indeed if it was created in hierarchial it will be easier to resolve the event of conflict validity.Thus the proposed amendment to Article herein and subsection (1) and (2) are as follows:Types and hierarchy of legislation are as follows:a. Constitution of the Republic of Indonesia Year 1945;b. Undang-Undang/Peraturan in Lieu of Law;c. Government Regulations;d. Regulation of the President;e. Regulation of the Minister / Department of State;f. Provincial regulations;g. Regulation of the Regency / City;h. Regulation of the village or the like.
7. CHAPTER III MATERIALS CONTENTThe substance is not yet regulated substance laws or regulations relating to presidential ratification of international treaties. Thus the criterion is unclear when an international agreement ratified by law and when ratified by presidential decree. It is also within the framework of harmonization with the Law of Treaties.Section should be added that regulate the substance of law and regulation that are used to ratify an international treaty.8. CHAPTER IV PLANNING LAWUnder Law 10/2004, there is one crucial stage in the process of legislation, namely the planning process, which created the National Legislation Program (Prolegnas, Article 15 paragraph (1) of Law 10/2004). But once again the House of Representatives 'escape' account for the presence of DPD in the process of planning legislation.It is said in Article 16 paragraph (1) of Law 10/2004 that the preparation of the National Legislation Program is coordinated by the Parliament through the House fittings specializing in the field of legislation, in this Legislation. Meanwhile, in Article 17 paragraph (1) Act 10 of 2004 declared that the bill, both derived from the parliament, president, and the DPD is based on National Legislation Program. This Article provides the stage of legislation. While in the planning stages are set out in Articles 15 and 16, the involvement of DPD is not set. Article 17 paragraph (3) of Law 10/2004 further states that under certain circumstances, the Parliament or the President may submit the bill out Prolegnas. But the bill proposing the addition of these opportunities are not given to the DPD.DPD should be given a role in the planning process and opens the possibility of adding the bill in the preparation of legislation, to comply with the provisions of the Constitution. Council authority to file a bill (relating to regional autonomy, and regional relations, the establishment and expansion and merger of regions, management of natural resources and other economic resources, as well as relating to the financial balance between central and local) are clearly recognized in the Article 22D paragraph (1) Constitution and Article 42 paragraph (1) of Law 22/2003. If the DPD is not involved from the beginning, it will be difficult to incorporate a plan that made the DPD on the draft legislation may be proposed. Usually in practice only allowed the addition of 10% -15% of total new topics in Prolegnas bill list. As a result, the proposals could be a bill from the DPD would be difficult to be accepted because it is not in accordance with the National Legislation Program.
9. CHAPTER V FORMATION REGULATION OF LEGISLATIONStill not the regulation of academic texts in the process of legislation. Academic texts are very important as the script that is scientifically about the conception which contains the background, the purpose of preparation, the target to be achieved and the scope, range of objects, or setting the direction of the draft legislation.Academic texts can be seen the benefits of the two aspects.From the aspect of the process, making academic texts can be used to get more people's views, by maximizing the role of DPD as a representative body that has a constituency basis that 'more clear' in the region, namely the province. It is also in line with Article 53 of Law 10/2004 which states the right of people to participate in the formation of legislation. If the DPD to maximize public participation element in the academic preparation of the manuscript and draft legislation, the DPD can be viewed as an institution capable of being a facilitator for community participation, which has been coveted. Council members may use the opportunity to explore a working visit to this input. Not only through seminars or public discussion. But with emphasis on dialogue and direct visits to stakeholders (stakeholders) bill in question. To this end, the standard procedures required academic preparation of the manuscript by the DPD. As an illustration, in order to maximize this academic texts, from the beginning there should be stakeholder analysis: what are the social issues addressed by the bill in question and anyone associated with the issue. The definition of stakeholders here are not just bureaucratic apparatus and the university. Even more important is that community groups will be affected by the implementation of the legislation later. Then obtained input and criticism must be processed properly, including providing a response with an input argument and criticism given is irrelevant or does not need to be included in the draft legislation.From the aspect of substance, the existence of academic texts will greatly assist Council in fighting substances that are considered essential and need to be included in the bill. Academic texts will also help in the manufacture of DIM as a discussant in the House. Indeed, the result will be a lot depends on the decisions taken by the Parliament and the government according to Article 20 of the Constitution. Even so, the DPD will not be able to use the methods of public relations (PR or public relations) to continue to communicate the discussions that took place during the discussion with the House. There needs to be a good transparency and good public relations skills. Thus, the debate also brought into the public sphere. The community can judge for themselves how the maximum DPD has championed the interests of society and how responsive the House of inputs provided by the DPD. By assumption, the Council has gained public sympathy for the academic preparation of the manuscript and draft laws are participatory.In a change of Law 10/2004 was later need the following Academic Paper setting academic text format as an attachment of the Act.10. CHAPTER VI DISCUSSION AND CERTIFICATION billIn Law 10/2004 is still not accommodate the role of DPD in the preparation of the List of Inventory Problems (DIM). According to Ginandjar, Wayan S, and Muspani, some excerpts from different media, as the legislative authority of the DPD was not optimal because it is not possible the DPD to make the formulation of problems in the preparation of the Draft Law. DPD only deals with DIM so it can not raise the issue.In 2010, according to the results of the discussion Prolegnas House of Representatives, and the Government, the Council will fight for the bill 40 of the 55 or 73%, which corresponds to the functions, duties and authority of the DPD and associated with regional interests. In this discussion of the DPD will be involved until the discussion of level I in accordance with the Law of the MPR, DPR, DPD, and the Parliament. Involvement in the completion of the work that will help the Parliament, rather than downplay the role of Parliament. Parliament remains the holder of legislative powers as stipulated in Article 20 paragraph (1) of the 1945 Constitution.It should be a joint committee mechanism (joint sitting) in the discussion of the inventory list of parliamentary issues. DPD should be able to keep abreast of discussions between the Parliament and government in every level of the conversation. In discussions with the government's bill, Council also requested consideration / confirmation of the views of the DPD, as well as report the results of the first-level talks. DPD to follow and if necessary, the views expressed prior to entry into the government's response.11. Article 44 paragraph (3)Further provisions regarding the preparation of technical changes to the legislation sebagaimara referred to in paragraph (2) regulated by Presidential Decree.The decree stated that the changes to the preparation technique sebagaimara legislation referred to in paragraph (2) regulated by Presidential Decree. This means that the technique of drafting legislation that is attached in Law 10/2004 can be changed by regulation.Appendix Law 10/2004 has the same power with the Act so as to change the legal principles can not be done by regulation is lower. When it changed anything, it is also questionable keberlakuannya associated with the principle of "lex derograt legi inferiori superiority". Thus the change in the future to Law 10/2004 the provisions of paragraph (3) it needs to be removed.12. Article 46 paragraph (1) letter cPerandang rules and regulations promulgated in the State Gazette of the Republic of Indonesia, including:a. Undang-Undang/Peraturan UndangUndang of Government;b. Government Regulations;c. Presidential Regulation concerning:1) perigesahan agreement between the Republic of Indonesia and other countries or international bodies; and2) statement of a hazard.d. Perataran other legislation which legislation should be enacted prevailing in the State Gazette of the Republic of Indonesia.Provisions of the letter c is contrary to or inconsistent with the provisions of the Annex of Law 10/2004 numbers 71 letter b.b. If one needs further details, those details are marked with Arabic numerals 1, 2, and so on.Example:Article 12(1) ..........:a. ....;b. ....: (And, or, and / or)c. ....:A. ....;2. ....: (And, or, and / or)3. ....Thus it should not use arabic numerals with parentheses (1)) but using Arabic numbers without the parentheses (1).Perandang rules and regulations promulgated in the State Gazette of the Republic of Indonesia, including:a. Undang-Undang/Peraturan UndangUndang of Government;b. Government Regulations;c. Presidential Regulation concerning:A. ratification of a treaty between the Republic of Indonesia and other countries or international bodies; and2. stationing of a hazard.
13. Article 54Preparation techniques and / or shape of the Presidential Decree, Decree of the Head of the People's Consultative Assembly and the House of Representatives Leadership Decisions, Decisions of the Regional Representatives Council Chairman, Chairman of the Supreme Court Decision, Decision of the Chairman of the Constitutional Court, Decision of the Supreme Audit Board, the Governor of Bank Indonesia Decree, Decree , head of the agency decision, agency, or commission equivalent, Decision Leadership Provincial People's Representative Council, Decision of the Governor, Decision of the House of Representatives Chairman of Regency / City, Decision Regent / Mayor, Village Head Decision or equivalent should be guided by the preparation technique and / or the form set out in this Act.As the naming of the Law 10/2004, this Act regulates the establishment of legislation. This means that the substance is regulated only regeling (regulation) is not beschikking (decision). The provisions of Article 54 is irrelevant to the title and substance of the Law 10/2004 for regulating the preparation technique and / or shape of the decision. Especially in the annex to the Law 10/2004 did not stipulate the form of a decision.When used this explanation of Article 54 which states:
 The provisions of this Article concerning decisions in the areas of administration in the various institutions that existed before the promulgation of this Act and known as the decisions are not set.then as if that meant not beschikking, but when viewed the provisions of Article 56 and Article 44 of Law 10/2004 after the introduction of Law 10 should no longer decisions are not set for any decision that changed his name to be set by the Regulation. Thus the provisions of Article 54 of this needs to be removed.CHAPTER IVLEGAL ANALYSIS OF FUNCTION OF LEGISLATION problematic DPD
A. Position and function of DPDOf the functions, duties, and authority, as revealed in the 1945 Constitution, Article 22D, it appears that the DPD is only a "subordinate" of the House. Weak functions, duties, and authority DPD take effect on the relationship DPR and DPD are becoming more strained. After the House has never been accused of involving in the preparation of the DPD Program of National Legislation (Prolegnas), appointment of members of the State Audit Board (BPK), and the change of Law. 32 of 2004 on Local Government which was then revised to Law no. 12 In 2008, the Council again was attenuated by the position aligned with the faction, commissions, and fittings in the preparation of DPR Prolegnas.In the constitution it is determined that the DPD is only "may" submit the bill, "come to discuss" the bill and "to" exercise supervision over the implementation of the law, noting that the authority is limited to laws relating to regional autonomy (Section 22D of the Constitution) .Actually in a pure parliamentary system of two chambers (strong bicameralism) both chambers given set of tasks and authority of law. This means that every bill that was approved by Parliament (as the House of Commons) should be discussed further in the second chamber (the House of Lords). The upper house was then decided, accept all or reject all of the bill that was approved by Parliament. Thus, if the House of Commons has the right of amendment, the House of Lords had no right of amendment.When referring to the essence of a bicameral powerful and effective, and referring to the constitutional system, the ideal role of the DPD at least four roles, namely: First, the Council should reinforce its position as the 'mouthpiece of the people' in the area. Should be underlined that the Council as a representative of the region is important to stress that the presence of DPD is not just divide the tasks between the inside or outside the country, as the parliamentary practice in the United States, but also fight for the aspirations of the region, particularly with regard to regional interests at the national level.Second, the Council acts as a balancing institution of Parliament, so that the function of checks and balances in parliament can run. As described above, the position of the House is too strong and dominant building a relationship between Parliament and the executive. In addition, the presence of checks and balances, the resulting product will be more comprehensive parliament.Third, the role of DPD to help ease the burden and the task performed by the House. With a variety of products to be produced, then the required partner agencies to discuss any bill or issue relating to the duties and responsibilities of parliament.Fourth, the DPD must take the initiative in matters relating to nationality issues, both locally and nationally. This should be attached to the institution of the DPD, as well as inherent in the House. This role is a part of the proof that the DPD is one of the rooms are active in national politics. When these four things could be run, then the problem of authority DPD will be slowly broken down.
B. Mechanism of ActionDPD in terms of legislative authority to 'go to address' (paragraph 2 of Article 22D of the 1945 Constitution) should be interpreted as sharing legislation procedure, rather than making authority by the Parliament or the Council holding a legislative function. We recommend that the discussion draft laws made by both councils in turn (navette or shuttle system), if a bill approved by a room, it will be discussed by the other room. If no agreement is reached between the Parliament and the Council to approve a bill, then formed a joint committee of the DPR and DPD. In contrast to the 'joint session', only a joint committee of representatives from each council. The committee tasked with finding a way out of the disagreement between the two councils.Once agreement is reached, each committee member to offer it to both chambers for approval of the DPR and DPD. Further steps are then carried agreement between the President and Parliament. DPD position in this agreement only as a passive participant. Furthermore, the DPD also needs to be given more role in the dissemination of the law.
C. InstitutionalIt was felt that the time is not yet maximal completeness of the role of tools in the process of drafting the bill and the sustainability of the initiated bill to be acted upon by the House.DPD as a new institution to maximize the development of institutional capacity. Utilization of academic preparation of the manuscript moment will not necessarily be optimal if there is no procedure and adequate institutional support. DPD as a new institution in Senayan be an opportunity in itself. A lot of attention, effort, thought, and resources, which may be mobilized to build the capacity of the Council. In fact, the weakness of the organization and manajamen in the House, if it can be identified, would be a good input for the establishment of institutional capacity of the DPD. The important thing to see first is the need for institutional support of professional designers and a team of researchers. Ideally, the Council will no longer be discussed in detail the words, a semicolon, article by article, for each bill. There needs to be a group of designers and workers team professionally organized under the DPD. As a comparison, by studying his weaknesses, is a staff designer who is under the Assistant Secretary General of the House I and Center for Assessment and Information Services (P3I) House of Representatives. Indeed there is some criticism of the presence of a staff designer and P3I not fully utilized by members of the House.Of equal importance is the creation of mechanisms that clear and transparent discussion. Although the legislation does not specify the time period to discuss a bill, it would be good if the Council made clear measures in the discussion of draft laws. As a political process, of course, the discussion of draft laws will not be strictly limited in time. But a clear benchmark long discussion of the DPD will make better accountability. Extension of time of course it is possible to generate discussion of the substance of the bill better. However, there needs to be accountable to the public explanation of why, as a form of DPD is in operational use of public taxpayer money.In general, the procedures are clear and measurable to discuss a bill including academic texts to be proposed to Parliament, the discussion of the procedure with the Parliament, as well as giving consideration to the procedures in the House, is indispensable for the DPD. A good precedent has been done by the Council is making a detailed and scalable mechanism regarding guidelines for monitoring the implementation of certain laws. DPD authority in Article 46 of Law 22/2003 was lowered to Council Decision on Guidelines for Supervision No.2/DPD/2005 DPD Top Specific Implementation Act. Contained in this decision: scope, object, and the kind of supervision, principles and framework legislation, oversight mechanisms, follow-up results of monitoring, supervision norms, and reports.Supervisory authority systematization model can be used to create a standard procedure in (i) proposing a specific bill, (ii) discussion of the design-specific legislation, and (iii) giving consideration to a particular bill.Some important things that need to be loaded in the standard procedure, which may be made in the DPD decision as to the mechanism of this control are:A. Internal approval procedures of a social problem that will be made to the proposed bill. This is an important aspect given the diversity of institutional members of the DPD itself. The thing to remember is to agree on the importance of not only the title of the bill, but also the topic and goal setting. Attention only on the titles are often misleading discussion of the substance.2. Formation of the team discuss and develop academic texts and draft legislation, which consists of the DPD secretariat staff (designers and researchers), and a group of DPD members will personally oversee the drafting team. The drafting team is tasked with doing research, efforts to seek public input, and compiles the results of research and academic texts and input into the bill.3. Internal procedures to oversee the drafting team to work in accordance with mutually agreed goals.4. Mechanism of academic standards and preparation of the manuscript draft law consisting of:a. Identify stakeholders referred to the bill, both at the regional and central levels.b. Promulgation of these stakeholders to provide input in writing within a period of time sufficient to create a quality inputs, such as within a month. Therefore, the time is too short will not be effective to obtain a substantial input.c. Promulgation of the stakeholders to discuss directly with the drafting team with a clear and open schedule.d. Dissemination of basic ideas proposed law referred to all Council members to get input when working visit. Whenever possible, the drafting team also made the simulation of materials or key questions that will allow members of the Council to communicate his ideas to the public and get substantial input. The discussion should also be conducted in a small discussion with a facilitator who directed the discussion refers to the output (output) is planned, not just the agenda of the event. Such an approach would be more effective than regular seminars held by the two speakers and brainstorming of the participants in a short time.e. The drafting team to collect and sort of public input obtained from stakeholders. For materials that are deemed irrelevant or can not be included in the bill in question, made answer with reasons for refusal letter.5. Disclosure of discussion of the mechanism (or advisory) to the House, that includes:a. Public access to the text proposal, discussion, or consideration of Council in writing to the House. These texts can be displayed in the Council's website or other media are available, including the constituency offices of DPD in the provinces.b. DPD information to the public, through press conferences or discussion, about the progress of the discussion in question. Included in this effort is the dissemination of these advances by members of the working visit.c. Provision of final report to the public, whose contents the process of discussion with the House, including the extent to which Parliament and the government respond to ideas submitted DPD. Provision of this final report be in writing and may be disseminated via the internet site, press conferences, as well as in the dialogues or discussions held during the visit.Of course there are many other steps that can be explored to strengthen the institutions and the internal procedures of this DPD. Most importantly, the keywords should be used as a reference in developing two things is 'to strengthen the legitimacy of the Council as a representative body'. This keyword necessarily need to be lowered to the principles of participation, transparency and political accountability. The hope, in the presence of reinforcement-strengthening, the presence of the DPD will be increasingly supported by the community and in turn could strengthen support for the establishment of an effective bicameral.
CHAPTER VIICLOSING
As a country based on Pancasila and the Constitution of the Republic of Indonesia Year 1945, all aspects of life in the areas of social, national, and state governments have always included based on the law. Orderly formation of legislation should be initiated since the time of planning to Invitor-invitation. To establish laws that either required a variety of requirements related to the systems, principles, procedures for preparation and discussion, and preparation techniques as well as enforcement of laws that are responsive character.
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