NGOs demand access to law making process<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
Nearly 100 non-governmental organizations (NGOs) grouped under
\nthe Coalition for Participative Policies (KKP) have called for
\nthe inclusion of stipulations ensuring public participation in
\nthe bill on law and legislation-making procedures.<\/p>\n
\"We urge legislators to use the delay to incorporate articles
\nthat will ensure the right of the public to participate in any
\nlaw-making process,\" coalition coordinator Afrizal Tjoetra said
\non Thursday.<\/p>\n
The demand came one day after the House of Representatives
\n(DPR) and the government decided to delay deliberation of the
\nbill following disagreements over contentious issues. The bill's
\ndeliberation will resume in the next session scheduled to start
\non April 12.<\/p>\n
The unresolved issues are those of Articles 3, 7, and 58.<\/p>\n
Article 3 stipulates that the newly amended 1945 Constitution
\nis the fundamental law and superior to all other legislation,
\nwhile Article 7 deals with the hierarchy of laws and
\nlegislations, and Article 58 determines the people's
\nparticipation in the law-making process.<\/p>\n
Article 3 has two sections. Supported by Golkar and the
\nDaulatul Ummah Unity (PDU), the first section says that the
\nConstitution is the fundamental law and is superior to all other
\nlegislation.<\/p>\n
The second section says the Constitution is the fundamental
\nlaw of the state and shall be published in the State Gazette.
\nThis section is supported by the Indonesian Democratic Party of
\nStruggle (PDI-P), the United Development Party (PPP), the
\nNational Awakening Party (PKB), the Reform Star Party (PBR), the
\nmilitary and police, the Crescent Star Party (PBB), and the
\nIndonesian Nationhood Unity (KKI).<\/p>\n
Article 58 of the bill stipulates that the public can give
\nverbal or written inputs during either the preparation or
\ndeliberation of legislations.<\/p>\n
The coalition considers that the stipulation is not powerful
\nenough to compel legislators to accommodate input from the
\npublic.<\/p>\n
Bivitri Susanti, director of the Center for Indonesian Law and
\nPolicy Studies (PSHK), said the stipulation should say: \"The
\npublic has the right\" instead of \"the public can\".<\/p>\n
\"The legislators must revise the bill, otherwise the delay
\nwill be useless,\" she added.<\/p>\n
Meanwhile, fellow PSHK member Rival G. Ahmad said the bill
\nshould thoroughly regulate public participation in every step of
\ndeliberation.<\/p>\n
The coalition proposed that the bill should also include the
\nobligation of the House to provide information on the steps of
\ndeliberation, restriction of closed-door deliberation, obligation
\nof the legislators to consult the public, and the chance for the
\npublic to request judicial review of any laws which were
\ndeliberated without public involvement.<\/p>\n
\"This bill does not guarantee public participation in the
\ndeliberation of bills,\" Afrizal said.<\/p>\n
KKP members include the Independent Journalists Alliance
\n(AJI), the Center for Electoral Reform (CETRO), Indonesian Center
\nfor Environmental Law (ICEL), Indonesia Corruption Watch (ICW),
\nImparsial, Institute for Press and Development Studies (LSPP),
\nthe Jakarta-chapter Legal Aid Institute (LBH), Transparency
\nInternational, and the Indonesian Forum for the Environment
\n(Walhi).<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ngos-demand-access-to-law-making-process-1447893297",
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"sponsor": "Okusi Associates",
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