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LAWS OF THE REPUBLIC INDONESIA

NUMBER 12 OF 2011

ABOUT

ESTABLISHMENT OF LEGISLATION REGULATION

BY THE GRACE OF GOD ALMIGHTY


PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weigh : a. that to realize Indonesia as a country


law, country obliged doing
development of national law that is carried out in a planned, integrated and
sustainable manner in a national legal system that guarantees the protection
of the rights and obligations of all Indonesian people based on the 1945
Constitution of the Republic of Indonesia;

b. that in order to meet the public's need for good laws and regulations, it is
necessary to make regulations regarding the formation of laws and
regulations which are carried out in a definite, standardized and standardized
manner and method that binds all institutions authorized to form statutory
regulations;

c. that in Law Number 10 of 2004


Regarding the Formation of Legislations, there are still deficiencies and
cannot accommodate the development of community needs regarding the
rules for the formation of good laws and regulations so they need to be
replaced;

d. that based on consideration as is


referred to in letter a, letter b, and letter c, it is necessary to form a Law on
the Establishment of Legislative Regulations;

Remember. . .

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Remember : Article 20, Article 21, and Article 22A of the Constitution
The Republic of Indonesia in 1945;

With Mutual Agreement


HOUSE OF REPRESENTATIVE OF INDONESIA REPUBLIC
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDING:

To stipulate: LAW ABOUT FORMATION


LEGISLATION.

PIG
GENERAL REQUIREMENTS

article 1

In this Law what is meant by:

1. Establishment of Legislation is the making of Legislation which includes

stages planning, drafting,


discussion, ratification or stipulation, and promulgation.

2. Legislation is a written regulation that contains legally binding norms and is


established or stipulated by state institutions or authorized officials through
procedures.

that set in Regulations

Legislation.

3. Constitution is Regulations Legislation-


invitation formed by the House of Representatives with the joint approval of
the President.

4. Government Regulation in Lieu of Law is


Regulations Legislation that
determined by the President in compelling crises.

5. Regulations. . .
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5. Government Regulations are laws and regulations that are established by


the President to carry out laws properly.

6. Presidential Regulation is the Laws and Regulations stipulated by the


President to implement
command Regulations Legislation-
invitation that more high or in
exercising government power.

7. Regulations Area Province is Regulations

Legislation established by the House of Representatives


People Area Province with
joint approval of the Governor.

8. District / City Regional Regulations are statutory regulations established by


the Regency / City Regional People's Representative Council with the joint
approval of the Regent / Mayor.

9. The National Legislation Program, hereinafter Prolegnas, is a planning


is called
instrument for the formation of a Law that is formulated in a planned,
integrated and systematic manner.

10. Regional Legislation Program, hereinafter referred to as Prolegda, is a


formulation program planning instrument
Regulations Area Province or
Regency / City Regional Regulations that are drawn up in a planned,
integrated, and systematic manner.

11. Academic Manuscripts are texts of the results of research or legal studies
and other results of research on a particular problem that can be accounted
for
in a manner scientific about
Settings problem the in something

Draft Laws, Draft Provincial Regulations, or Draft District / City Regulations

as the solution to
problems and legal needs of the community.

12. Invitation. . .

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12. Invitation is placement Regulations

Legislation in Sheet Country


Republic of Indonesia, Supplement to the State Gazette of the Republic
Indonesia, News Country Republic
Indonesia, Additional News Country Republic
Indonesia, Regional Gazette, Additional Regional Gazette, or Regional
Gazette.

13. Material Load Regulations Legislation


is Theory that loaded in Regulations

Legislation in accordance with the type, function and hierarchy of the


Legislation.

14. House of Representatives, hereinafter referred to as DPR, is the People's


Representative Council as referred to in the 1945 Constitution of the
Republic of Indonesia

15. Regional Representative Council, hereinafter referred to as DPD, is the


Regional Representative Council as referred to in the 1945 Constitution of
the Republic of Indonesia.

16. Regional People's Representative Council, hereinafter referred to as DPRD,


is the Regional People's Representative Council as referred to in the
Constitution of the Republic of Indonesia.

1945.

Section 2

Pancasila is the source all sources of law


country.

Article 3

(1) The Constitution of the Republic of Indonesia


1945 is the basic law in the Legislation.

(2) Law. . .

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(2) The Constitution of the Republic of Indonesia


In 1945 it was placed in the State Gazette of the Republic of Indonesia.

(3) Placement of the Constitution of the Republic of Indonesia


Indonesia Year 1945 in the State Gazette of the Republic
Indonesia not is a basic
enactment.

Article 4

Legislation as regulated in Law


this covers Constitution and
Legislation under it.

CHAPTER II

PRINCIPLE OF FORMATION

LEGISLATION

Article 5

In forming Legislations, it must be done based on the principle of the Formation


of Regulations
Legislation that good, that
include:

a. clarity of purpose;

b. appropriate forming institutions or officials;

c. suitability between types, hierarchy, and content of content;

d. can be implemented;

e. efficiency and efficiency;

f. clarity of formulation; and

g. openness.

Article 6. . .

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Article 6

(1) The contents of the Legislation must be


reflects the principle:

a. protection;

b. humanity;

c. nationality;

d. kinship;

e. archipelago;

f. Unity in Diversity;

g. justice;

h. similarity position in law and


government;

i. legal order and certainty; and / or balance, harmony and

j. harmony.

(2) In addition to reflecting the principles as intended


in paragraph (1), certain statutory regulations may contain other principles in
accordance with the legal field of the relevant statutory regulations.

CHAPTER III

TYPES, HIERARCHY AND MATERIALS OF CONTENTS


OF REGULATIONS

Article 7

(1) Types and hierarchy of Legislation


consists of:

a. The 1945 Constitution of the Republic of Indonesia;

b. Decree of the People's Consultative Assembly;

c. Constitution . . .

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c. Substitute Government Laws / Regulations


Constitution;

d. Government regulations;

e. Presidential decree;

f. Provincial Regulation; and Regency / City

g. Regulations.

(2) Legality of Legislation


in accordance with the hierarchy as referred to in paragraph (1).

Article 8

(1) Type Regulations Legislation apart from

as referred to in Article 7 paragraph (1) includes the regulations stipulated


by the People's Consultative Assembly, the People's Representative
Council, the People's Representative Council
Representative Area, Court Great,
The Constitutional Court, the Supreme Audit Agency, the Judicial
Commission, Bank Indonesia, Ministers, agencies, institutions, or
commissions of the same level as established by
Constitution or Government on
the order of the Law, Provincial Regional People's Representative Council,
Governor, Regency / City Regional People's Representative Council,
Regent / Mayor, Village Head or equivalent.

(2) Regulations Legislation as is


as referred to in paragraph (1) its existence is recognized and has binding
legal force as long as it is ordered by the applicable Legislation

more high or formed based on


authority.

Article 9. . .

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Article 9

(1) In Thing something Constitution presumed

contrary to the 1945 Constitution of the Republic of Indonesia, the


examination is carried out by the Constitutional Court.

(2) In the case of a Regulation in


under the Law allegedly contradicting the Law,
the test done by
Supreme Court.

Article 10

(1) Content which must be regulated by Law


Invite contains:

a. further regulation regarding the provisions of the 1945 Constitution of the


Republic of Indonesia;

b. an order of a law to be regulated by law;

c. ratification of certain international treaties;

d. follow-up to the decision of the Constitutional Court; and / or

e. fulfillment needs law in


Public.

(2) Follow-up to the decision of the Constitutional Court


as referred to in paragraph (1) letter d shall be carried out by the DPR or the
President.

Article 11

The content of Government Regulations in Lieu of Laws is the same as the


contents of Laws.

Article 12. . .

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Article 12

The content of the Government Regulation contains material to carry out the Law
properly.

Article 13

The contents of the Presidential Regulation contain instructed materials


by Constitution, Theory to
implement Government Regulations, or material to carry out the administration of
government power.

Article 14

The content of the Provincial Regulations and Regency / City Regulations


contains material in the framework of implementing regional autonomy and
co-administration as well as accommodating special regional conditions and / or
further elaboration of higher laws and regulations.

Article 15

(1) The content of the criminal provisions only


can be loaded in:

a. Constitution;

b. Provincial Regulation; or

c. Regency / City Regional Regulations.

(2) Criminal provisions as intended in paragraph


(1) letters b and c are in the form of a maximum imprisonment of 6 (six)
months or a maximum fine of Rp.50,000,000.00 (fifty million rupiah).

(3) Regulations. . .
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(3) Provincial Regulations and Regional Regulations


Regency / City can contain the threat of imprisonment or a fine other than
those referred to in paragraph (2) in accordance with what is regulated in
other Legislation.

CHAPTER IV

REGULATION PLANNING

Part One
Planning Act

Article 16

Planning for drafting a law is carried out in the National Legislation Program.

Article 17

Prolegnas as referred to in Article 16 is


scale priority program formation
Laws in the context of realizing a national legal system.

Article 18

In the preparation of the Prolegnas as referred to in Article 16, the preparation of


a list of Draft Laws is based on:

a. order of the 1945 Constitution of the Republic of Indonesia;

b. an order for the Decree of the People's Consultative Assembly;

c. orders. . .

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c. other statutory orders;

d. national development planning system; the national long-term

e. development plan; medium term development plan;

f.

g. government work plan and DPR strategic plan; and

h. aspirations and legal needs of the community.

Article 19

(1) Prolegnas as referred to in Article 16


contains a Law formation program with the title Draft Law, regulated
material, and its relation to other statutory regulations.

(2) Regulated material and its relationship with


(2) Other Legislation as referred to in paragraph (1) is a description of the
conception of the Draft Law which includes:

a. background and purpose of preparation;

b. targets to be realized; and

c. range and direction setting.

(3) The material is regulated as referred to in paragraph


(2) which has gone through the assessment and harmonization shall be contained

in an Academic Manuscript.

Article 20

(1) Preparation of Prolegnas is carried out by the DPR and


Government.

(2) Prolegnas. . .

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(2) Prolegnas is set for the medium term and


annual basis based on the priority scale for the formation of the Draft Law.

(3) Compilation and determination Prolegnas period


medium is carried out at the beginning of the DPR membership term as
Prolegnas for a period of 5 (five) years.

(4) Medium-term prolegnas can be evaluated everytime


end of the year together with the preparation and determination of the
annual priority Prolegnas.

(5) Preparation and determination of priority Prolegnas


yearly as the implementation of the mid-term Prolegnas is carried out every
year prior to the stipulation of the Draft
Constitution about Budget
State Income and Expenditures.

Article 21

(1) Preparation of Prolegnas between DPR and Government


coordinated by the DPR through the DPR apparatus which specifically
handles the field of legislation.

(2) Compilation Prolegnas in environment DPR


coordinated by the DPR apparatus that specializes in the field of legislation.

(3) Compilation Prolegnas in environment DPR


as referred to in paragraph (2) shall be carried out by considering proposals
from factions, commissions, members of the DPR, DPD, and / or the public.

(4) Preparation of Prolegnas within the Government


coordinated by the minister in charge of government affairs in the field of
law.

(5) Provisions. . .

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(5) Provisions more continue about system way


The preparation of the Prolegnas as referred to in paragraph (1), paragraph (2),

and paragraph (3) shall be regulated by a DPR Regulation.

(6) Provisions more continue about system way


The preparation of Prolegnas within the Government as referred to in
paragraph (4) shall be regulated by a Presidential Regulation.

Article 22

(1) The results of the preparation of the Prolegnas between the DPR and

The government as referred to in Article 21 paragraph (1) is agreed to


become Prolegnas and stipulated in the DPR Plenary Meeting.

(2) Prolegnas as referred to in paragraph (1)


determined by a DPR Decree.

Article 23

(1) Prolegnas contains an open cumulative list


which consists of:

a. ratification of certain international treaties;

b. as a result of the decision of the Constitutional Court;

c. State budget;

d. the establishment, expansion and merger of Provincial and / or Regency /


City regions; and

e. stipulation / revocation Government regulations


In lieu of law.

(2) In certain circumstances, the DPR or the President may


filing a Draft Law outside the National Legislation Program includes:

a. to . . .

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a. to cope with extraordinary circumstances, situations of conflict, or


natural disasters; and

b. other certain circumstances which ensure the national urgency of a Bill


which can be mutually approved by

tool completeness DPR that special


handling the field of legislation and the minister who holds government
affairs in the field of law.

The second part


Government Regulation Planning

Article 24

Planning drafting Regulations Government


carried out in a Government Regulation drafting program.

Article 25

(1) Planning for the preparation of Government Regulations


as referred to in Article 24 contains a list of the titles and subject matter of
the Draft Government Regulation to carry out the Law properly.

(2) Planning as referred to in paragraph (1)


determined for a period of 1 (one) year.

Article 26. . .

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Article 26

(1) Planning for the preparation of Government Regulations


as is referred to in Article 25
coordinated by the minister in charge of government affairs in the field of
law.

(2) Planning for the preparation of Government Regulations


as referred to in paragraph (1) shall be stipulated by a Presidential Decree.

Article 27

Design Regulations Government originated from


Ministry and / or institution government
non-ministerial according to their respective areas of duty.

Article 28

(1) Under certain circumstances, ministries or institutions


government non-ministerial could file
Draft Government Regulations outside the planning for the preparation of
Government Regulations.

(2) The Draft Government Regulation is in a state


certain as referred to in paragraph (1) shall be made based on
needs Constitution or
Supreme Court decision.

Article 29

Further provisions regarding the preparation planning procedure


Regulations Government arranged with
Presidential decree.

Part. . .

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Part Three
Presidential Regulation Planning

Article 30

Planning for the preparation of a Presidential Regulation is carried out in a


Presidential Regulation preparation program.

Article 31

The provisions regarding the planning for the preparation of Government


Regulations as referred to in Article 24 to Article 29 shall apply mutatis mutandis
to the planning for the preparation of Presidential Regulations.

Part Four
Planning for Provincial Regulations

Article 32

Planning for the preparation of Provincial Regulations is carried out in the


Provincial Prolegda.

Article 33

(1) Prolegda as referred to in Article 32


contains a program for the formation of Provincial Regulations with the title
Draft Provincial Regulations, regulated materials, and their relation to other
statutory regulations.

(2) Material. . .

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(2) Regulated material and its relationship with


(2) Other Legislation as referred to in paragraph (1) is a description of the
conception of the Draft Provincial Regulation which includes:

a. background and purpose of preparation;

b. targets to be realized;

c. the main idea, scope, or object to be regulated; and

d. range and direction setting.

(3) The material is regulated as referred to in paragraph


(2) which has gone through the assessment and harmonization shall be contained

in an Academic Manuscript.

Art 34

(1) The preparation of Provincial Prolegda is carried out by


Provincial DPRD and Provincial Government.

(2) Provincial Prolegda is stipulated for a period of 1


(one) year based on scale priority
the establishment of the Draft Provincial Regulation.

(3) Compilation and determination Prolegda Province


done every year before determination

Draft Provincial Regulations concerning Provincial Revenue and


Expenditure Budgets.

Art 35

In the preparation of the Provincial Prolegda as referred to in Article 34


paragraph (1), the preparation of a list of draft provincial regional regulations is
based on:

a. higher Legislation order;

b. the plan. . .

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b. regional development plans;

c. administration autonomy area and Duty


assistance; and

d. the aspirations of the local community.

Art 36

(1) Preparation of Provincial Prolegda between Provincial DPRD


and the Provincial Government is coordinated by the Provincial DPRD
through the Provincial DPRD's organ that specializes in the field of
legislation.

(2) Preparation of Provincial Prolegda within DPRD


Provinces are coordinated by Provincial DPRD organs that specifically
handle the field of legislation.

(3) Compilation Prolegda Province in environment


Provincial Governments are coordinated by legal bureaus and may include
related vertical agencies.

(4) Provisions more continue about system way


The preparation of Provincial Prolegda within the Provincial DPRD as
referred to in paragraph (2) shall be regulated by a Provincial DPRD
Regulation.

(5) Provisions more continue about system way


drafting Prolegda Province in environment
(3) The Provincial Government as referred to in paragraph (3) shall be
regulated by a Governor Regulation.

Art 37

(1) The results of the preparation of the Provincial Prolegda between DPRD

Province and Government Area Province


as referred to in Article 36 paragraph (1) it is agreed to become a Provincial
Prolegda and stipulated in the Provincial DPRD Plenary Meeting.

(2) Prolegda. . .
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(2) Provincial Prolegda as referred to in paragraph


(1) stipulated in a Provincial DPRD Decree.

Art 38

(1) In the Provincial Prolegda it can be published list


open cumulative consisting of:

a. as a result of the decision of the Supreme Court; and

b. Budget Income and Shopping Area


Province.

(2) In certain circumstances, the Provincial DPRD or


The Governor can submit a Draft Provincial Regulation outside the
Provincial Prolegda:

a. to cope with extraordinary circumstances, situations of conflict, or natural


disasters;

b. due to cooperation with other parties; and

c. other certain circumstances which ensure the urgency of a Draft


Provincial Regulation that can be jointly approved by the Provincial
DPRD's apparatus that specializes in the field of legislation and legal
bureaus.

Part Five
Planning for Regency / City Regional Regulations

Article 39

Planning drafting Regulations Area


Regency / City done in Prolegda
Regency / City.

Art 40. . .

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Art 40

Provisions regarding planning for the formulation of Provincial Regulations as


referred to in Article 32 to Article 38 shall apply mutatis mutandis to the planning
for the preparation of Regency / City Regional Regulations.

Article 41

In the Regency / City Prolegda, an open cumulative list of the formation,


expansion and merger of Districts or other names and / or formation, expansion
and merging of Villages or other names can be contained.

Part Six
Planning of Other Legislations

Art 42

(1) Planning for the preparation of laws and regulations


Other invitations as referred to in Article 8 paragraph (1) constitute the
authority and are adjusted to the needs of the respective institutions,
commissions or agencies.

(2) Planning as referred to in paragraph (1)


determined by each institution, commission, or agency for a period of 1
(one) year.

CHAPTER V. . .

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CHAPTER V

DRAWING OF LAWS AND REGULATIONS

Part One
Formulation of Laws

Art 43

(1) The Draft Law may originate from the DPR


or President.

(2) Draft Law originating from the DPR


as referred to in paragraph (1) may originate from the DPD.

(3) The Draft Law originating from the DPR,


The President, or DPD must be accompanied by an Academic Paper.

(4) The provisions referred to in paragraph (3) are not


applies to the Draft Law regarding:

a. State budget;

b. determination Regulations Government Substitute


Law becomes Law; or

c. repeal of laws or revocation of government regulations in lieu of laws.

(5) The Draft Law as referred to


in paragraph (4) is accompanied by a description of the subject matter and
the regulated content.

Art 44

(1) Preparation of Academic Draft Law


Invitations are carried out in accordance with the Academic Text preparation

technique.

(2) Provisions. . .

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(2) Provisions regarding the Manuscript preparation technique


Academic as referred to in paragraph (1) is listed in Appendix I which is an
integral part of this Law.

Art 45

(1) Draft Law, whether originating from


The DPR and the President as well as the Draft Law submitted by the DPD
to the DPR are compiled based on the Prolegnas.

(2) The Law Draft submitted by the DPD


as is referred to on paragraph (1) is
Draft Law relating to:

a. regional autonomy;

b. central and regional relations;

c. formation and expansion and merging of regions;

d. management of natural resources and other economic resources; and

e. balance between central and regional finance.

Art 46

(1) The Law Draft from the DPR is submitted by


DPR members, commissions, joint commissions, or DPR organs who
specifically handle the field of legislation or DPD.

(2) Harmonizing, rounding off and strengthening


the conception of the Draft Law originating from the DPR is coordinated by
the DPR's apparatus that specializes in the field of legislation.

(3) Conditions. . .

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(3) Conditions more continue about system way


prepare Design Constitution
as referred to in paragraph (1) shall be regulated by a DPR Regulation.

Article 47

(1) The Law Draft submitted by


The President is prepared by the minister or the head of a non-ministerial
government institution in accordance with the scope of his duties and
responsibilities.
(2) In preparing the Draft Law,
minister or leader institution government
non-ministerial related forming committee

between ministries and / or between non-ministries.


(3) Harmonizing, rounding off and stabilizing
the conception of the Draft Law originating from the President is coordinated
by the minister who administers government affairs in the field of law.

(4) Provisions more continue about system way


prepare Design Constitution
as referred to in paragraph (1) shall be regulated by a Presidential
Regulation.

Article 48

(1) The Draft Law from the DPD is submitted


in writing by the DPD leadership to the DPR leadership and must be
accompanied by an Academic Paper.

(2) Proposals. . .

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(2) Proposals Design Constitution as is


referred to in paragraph (1) is conveyed by the leadership of the DPR to the
DPR apparatus that specifically handles
field legislation to done
harmonizing, unifying, and stabilizing the conception of the Draft Law.

(3) Fittings as referred to in paragraph (2)

in harmonizing, rounding,
and consolidating the conception of the Draft Law may invite the head of the
DPD organ who has the task of drafting a Law to discuss the proposed Draft
Law.

(4) The completeness as referred to in paragraph (2)


deliver report written about the result

harmonization as referred to in paragraph (3)


to leader DPR to next
announced in the plenary session.

Art 49

(1) The Draft Law from the DPR is submitted


with a letter from the leadership of the DPR to the President.

(2) The President assigns the minister who represents for


discussing the Draft Law with the DPR within a maximum period of 60 (sixty)
days from the time the DPR leadership letter is received.

(3) The Minister as referred to in paragraph (2)


coordinating the preparation of discussions with the minister in charge of
government affairs in the field of law.

Art 50. . .

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Art 50

(1) The President's Draft Law is submitted


with a letter from the President to the leadership of the DPR.

(2) Presidential Letter as referred to in paragraph (1)


contains the appointment of the minister assigned to represent the
President in discussing the Draft Law with the DPR.

(3) DPR begins discussing the Draft Law


as referred to in paragraph (1) within a maximum period of 60 (sixty) days
from the receipt of the President's letter.

(4) For the purposes of deliberating the Draft Law


Invite in the DPR, ministers or leaders of the initiating institution
reproduce the script Design
Constitution the in amount that
required.

Article 51

If during one session of the DPR and the President submits the Draft Law on the
same material, what will be discussed is the Law Draft submitted by the DPR and
the Law Draft submitted by the President is used as material for comparison.

Part. . .

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The second part

Preparation of Substitute Government Regulations


Constitution

Art 52

(1) Government Regulation in Lieu of Law


must be submitted to the DPR in the following trials.

(2) Filing of Government Regulations in Lieu of


(2) The law as referred to in paragraph (1) shall be carried out in the form of
submitting a Draft Law
about determination Regulations

Government Substitute Constitution Becomes

Constitution.

(3) DPR only gives approval or not


give approval to Regulations

Government In Lieu of Law.

(4) In the event that a Government Regulation in Lieu of a Law


The law is approved by the DPR in a plenary session, the Government
Regulation in Lieu of a Law is stipulated as a Law.

(5) In the event that a Government Regulation in Lieu of a Law


The law does not get approval from the DPR in a plenary session, the
Government Regulation in Lieu of a Law must be revoked and must be
declared invalid.

(6) In the event that a Government Regulation in Lieu of a Law


(2) The law must be repealed and must be declared invalid as referred to in
paragraph (5), the DPR or the President submits a Draft Law on the
Revocation of Government Regulations in Lieu of Law.

(7) Design. . .

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(7) Draft Law on Revocation


(2) Government Regulations in Lieu of Law as intended in paragraph (6)
regulate all legal consequences of the revocation of Government
Regulations in Lieu of Law.

(8) Draft Law on Revocation


Government Regulation in Lieu of Law as referred to in paragraph (7) is
stipulated as
Constitution about Revocation
Government Regulation in Lieu of Law in the same plenary session as
referred to in paragraph (5).

Art 53

Provisions regarding the procedures for drafting a Draft Government Regulation


in Lieu of a Law are regulated by a Presidential Regulation.

Part Three
Preparation of Government Regulations

Art 54

(1) In drafting Design Regulations

Government, initiator forming committee

between ministries and / or agencies government


non-ministerial.

(2) Harmonization, rounding off, and stabilization


conception Design Regulations Government
coordinated by the minister in charge of government affairs in the field of
law.

(3) Conditions. . .

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(3) Conditions more continue about system way


the establishment of inter-ministerial and / or inter-ministerial committees,
harmonization,
the preparation and submission of the Draft Government Regulation shall be
regulated by a Presidential Regulation.

Part Four
Preparation of Presidential Regulation

Art 55

(1) In preparing the Draft Presidential Regulation,


the initiator forms an inter-ministerial and / or inter-ministerial committee.

(2) Harmonizing, rounding off and strengthening


conception Design Regulations President
coordinated by the minister in charge of government affairs in the field of
law.

(3) Conditions more continue about system way


the establishment of inter-ministerial and / or inter-ministerial committees,
harmonization,
the preparation and submission of the Draft Presidential Regulation is
regulated in a Presidential Regulation.

Part Five
Preparation of Provincial Regulations

Art 56

(1) The Draft Provincial Regulation may originate


from the Provincial DPRD or the Governor.

(2) Design. . .

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(2) Draft Provincial Regulations as referred to


referred to in paragraph (1) is accompanied by an explanation or description
and / or Academic Manuscript.

(3) In the case of Draft Provincial Regulation


about:

a. Budget Income and Shopping Area


Province;

b. revocation of Provincial Regulations; or

c. amendments to Provincial Regulations which are only limited to changing


some materials,
accompanied by a description of the subject matter and regulated content.

Art 57

(1) Preparation of Academic Draft Regulations


Provincial regions are carried out in accordance with the Academic Text
preparation technique.
(2) Provisions regarding the Manuscript preparation technique
Academic as referred to in paragraph (1) is listed in Appendix I which is an
integral part of this Law.

Article 58

(1) Harmonizing, rounding off and strengthening


the conception of the Draft Provincial Regulation originating from the
Provincial DPRD is coordinated by the Provincial DPRD's body that
specifically handles the field of legislation.

(2) Harmonization. . .

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(2) Harmonizing, rounding off and strengthening


the conception of the Draft Provincial Regulation originating from the
Governor is coordinated by a legal bureau and can include vertical agencies
from the ministries that carry out government affairs in the legal sector.

Art 59

Further provisions regarding the procedures for the preparation of Draft


Provincial Regulations originating from the Governor are regulated by a
Presidential Regulation.

Article 60

(1) Draft Provincial Regulations can be submitted


by members, commissions, joint commissions, or Provincial DPRD organs
that specifically handle the field of legislation.

(2) Provisions more continue about system way


preparing the Draft Provincial Regulation as referred to in paragraph (1)
shall be regulated in a Provincial DPRD Regulation.

Art 61

(1) The Draft Provincial Regulation that has been


prepared by the Provincial DPRD delivered with a letter from the Provincial
DPRD leadership to the Governor.

(2) Draft Regional Regulations that have been prepared


delivered by the Governor with a cover letter from the Governor to the
leadership of the Provincial DPRD.

Art 62. . .

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Art 62

If during one session of the Provincial DPRD and the Governor submitting the
Draft Provincial Regulation regarding the same material, what will be discussed is
the Draft Provincial Regulation submitted by the Provincial DPRD and the Draft
Provincial Regulation submitted by the Governor is used as material for
comparison.

Part Six
Preparation of Regency / City Regulations

Article 63

Provisions regarding the preparation of Provincial Regulations as referred to in


Article 56 to Article 62 apply mutatis mutandis to

drafting Regulations Area


Regency / City.

CHAPTER VI

TECHNIQUE FOR DRAWING LAWS AND REGULATIONS

Art 64

(1) Compilation Design Regulations Legislation-


invitation done corresponding with technique

preparation of Legislation.

(2) Provisions regarding the techniques for preparing Regulations


The legislation as referred to in paragraph (1) is contained in Attachment II
which is an integral part of this Law.

(3) Conditions. . .

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(3) Provisions regarding changes to techniques


drafting Regulations Legislation
as referred to in paragraph (2) shall be regulated by a Presidential
Regulation.

CHAPTER VII

DISCUSSION AND Ratification


BILL

Part One
Discussion of the Draft Law

Art 65

(1) Discussion of the Draft Law is carried out


by the DPR together with the President or the assigned minister.

(2) Discussion Design Constitution


as referred to in paragraph (1) by: related to

a. regional autonomy;

b. central and regional relations;

c. formation, expansion, and amalgamation


area;

d. management of natural resources and other economic resources; and

e. balance between central and regional finance,

done by including the DPD.

(3) Participation of the DPD in the discussion of the Draft


The law as referred to in paragraph (2) shall only be conducted at level I
discussion.

(4) Opt-in. .
.

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(4) Participation of the DPD in the discussion of the Draft


The laws as referred to in paragraph (2) and paragraph (3) are represented
by the body in charge of the content of the Draft Law being discussed.

(5) DPD gives consideration to the DPR above


Design Constitution about Budget
State Revenue and Expenditure and Draft Law
that related with tax,
education, and religion.

Art 66

Discussion Design Constitution done


through 2 (two) levels of conversation.

Article 67

The two levels of discussion as referred to in Article 66 consist of:

a. first-level talks in commission meetings, joint commission meetings, Legislation


Body meetings, Budget Committee meetings, or Special Committee
meetings; and

b. Level II talks in plenary meetings.

Art 68

(1) Discussion at level I is carried out with activities


as follows:
a. introduction to deliberation;
b. discussion of the inventory of problems; and
c. submission of mini opinions.

(2) In. . .
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(2) In the introduction to the deliberation as referred to


in paragraph (1) letter a:

a. DPR give explanation and President


deliver view if Design
Law comes from the DPR;

b. The DPR provided an explanation and the President and DPD


expressed their views on the Draft Law
that related with
DPD authority as referred to in Article 65 paragraph (2) comes from
the DPR;

c. The President gave an explanation and the factions gave their views if
the Draft Law came from the President; or

d. The President gave an explanation as well as factions and the DPD


expressed their views if the Draft Law
that related with
DPD authority as referred to in Article 65 paragraph (2) comes from
the President.

(3) List of problem inventory as intended


in paragraph (1) letter b is filed by:

a. President if the Draft Law comes from the DPR; or

b. DPR if the Draft Law comes from the President by considering the
proposals from the DPD as long as it is related to the DPD's authority
as referred to in Article 65 paragraph (2).

(4) Submission of mini opinion as intended


in paragraph (1) letter c is conveyed at the end of the first level discussion
by:

a. fraction;

b. DPD, if the Draft Law relates to the DPD's authority as referred to in


Article 65 paragraph (2); and

c. President.

(5) In. . .

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(5) In the event that the DPD does not convey its views
as referred to in paragraph (2) letter b and letter d and / or not expressing
the mini opinion as referred to in paragraph (4) letter b, the level I discussion
will still be held.

(6) In the first level talks can invited


head of a state institution or institution other if
the material of the Draft Law relating to state institutions or other institutions.

Art 69

(1) Level II talks constitute taking


decisions in the plenary meeting with the following activities:

a. submission of reports containing the process, mini-faction opinions,


mini-DPD opinions, and results of first-level talks;

b. statement of approval or rejection of each faction and member verbally


requested by the chairman of the plenary session; and

c. submission of the President's final opinion by the assigned minister.

(2) In the case of approval as referred to in


paragraph (1) letter b cannot be reached by deliberation to reach a
consensus, decision making is made based on the majority of votes.

(3) In Thing Design Constitution not


obtaining joint approval between the DPR and the President, the Draft Law
may not be submitted again at the DPR hearing at that time.

Article 70. . .

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Article 70

(1) The Draft Law can be withdrawn


before being discussed jointly by the DPR and the President.

(2) The Draft Law that is being discussed


can only be withdrawn based on the joint approval of the DPR and the
President.

(3) Further provisions regarding the withdrawal procedure


again, the Draft Law as referred to in paragraph (2) shall be regulated by a
DPR Regulation.

Art 71

(1) Discussion of the Draft Law on


The stipulation of Government Regulations in Lieu of Laws is carried out
through the same mechanism as the discussion of the Draft Law.

(2) Discussion of the Draft Law on


The revocation of Government Regulations in Lieu of Laws is carried out
through a special mechanism that is excluded from the deliberation
mechanism of the Draft Law.

(3) Provisions regarding special mechanisms as referred to


referred to in paragraph (2) shall be implemented in the following manner:

a. The Draft Law on the Revocation of Government Regulations in Lieu of a


Law is submitted by the DPR or the President;

b. The Draft Law on Revocation as referred to in letter a is submitted at


the DPR Plenary Meeting which does not give approval to the
Government Regulation in Lieu of a Law proposed by the President;
and

c. Taking . . .

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c. Making approval decisions on the Draft Law on Revocation as referred


to
referred to in alphabet b
held in the same DPR Plenary Session with the decision not to give
plenary session
approval on Regulations

Government in Lieu of Law.

The second part

Ratification of the Draft Law

Article 72

(1) The approved Draft Law


jointly by the DPR and the President conveyed by the DPR Leadership to
the President to be ratified into a Law.

(2) Submission Design Constitution


as referred to in paragraph (1) shall be carried out within a maximum period
of 7 (seven) days from the date of mutual agreement.

Art 73

(1) The Draft Law as referred to


Article 72 is ratified by the President by affixing a signature within a
maximum period of 30 (thirty) days from the date of the Draft.

Constitution the Approved


jointly by the DPR and the President.

(2) In. . .

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(2) In the case of the Draft Law as referred to


referred to in paragraph (1) is not signed by the President within 30 (thirty)
days from the approval of the Draft Law.

together, Design Constitution


it is valid to become a law and must be promulgated.

(3) In Thing he said Design Constitution


as is referred to in paragraph (2), sentence
the endorsement reads: Constitution this

declared valid based on the provisions of Article 20 paragraph (5) of the


1945 Constitution of the Republic of Indonesia.

(4) An endorsement sentence which reads as follows


referred to in paragraph (3) must be affixed on the page
last Constitution before
promulgation of the text of the Law into the State Gazette of the Republic of
Indonesia.

Art 74

(1) In every law, it must be stated


the deadline for the stipulation of Government Regulations and other
regulations as the implementation of the Law.

(2) Stipulation of Government Regulations and regulations


other things that are required in running the government not by order of a
law are exempted from the provisions as meant in paragraph (1).

CHAPTER VIII. . .

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CHAPTER VIII

DISCUSSION AND DETERMINATION

PROVINCIAL REGIONAL REGULATION DESIGN AND REGIONAL REGULATIONS


DISTRICT / CITY

Part One
Discussion on the Draft Provincial Regulation

Art 75

(1) Discussion on the Draft Provincial Regulation


conducted by the Provincial DPRD together with the Governor.

(2) Joint discussion as referred to in


paragraph (1) done through levels
talks.

(3) The stages of discussion as intended


on paragraph (2) done in meeting

commission / committee / agency / tool completeness DPRD


Provinces that specifically handle the field of legislation and plenary
meetings.

(4) Provisions more continue about system way


the discussion of the Draft Provincial Regulation is regulated by a Provincial
DPRD Regulation.

Art 76

(1) The Draft Provincial Regulation can be withdrawn


back before being discussed jointly by the Provincial DPRD and the
Governor.

(2) Current Draft Provincial Regulations


discussed can only be withdrawn based on the joint approval of the
Provincial DPRD and the Governor.

(3) Conditions. . .

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(3) Further provisions regarding the withdrawal procedure


again The Draft Provincial Regulation is regulated by a Provincial DPRD
Regulation.

The second part

Discussion on the Draft Regency / City Regulation

Art 77

Provisions regarding the discussion of the Draft Provincial Regulation as referred


to in Article 75 and Article 76 shall apply mutatis mutandis to the discussion of
Regency / City Regional Regulations.

Part Three
Stipulation of the Draft Provincial Regulation

Art 78

(1) The Draft Provincial Regulation that has been


jointly approved by the Provincial DPRD and the Governor, conveyed by the
leadership of the Provincial DPRD to the Governor to be stipulated as a
Provincial Regulation.

(2) Submission of the Draft Provincial Regulation


as referred to in paragraph (1) shall be carried out within a maximum period
of 7 (seven) days from the date of mutual agreement.

Art 79. . .

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Art 79

(1) Draft Provincial Regulations as referred to


referred to in Article 78 is stipulated by the Governor by affixing his
signature within a period of 30 (thirty) days from the time the Draft Provincial
Regulation is jointly approved by the Provincial DPRD and the Governor.

(2) In the case of Draft Provincial Regulation


as is referred to on paragraph (1) not
signed by the Governor within 30 (thirty) days from the Draft Regional
Regulation
Province the Approved together,
The Draft Provincial Regulation is legally a Provincial Regulation and must
be promulgated.

(3) In terms of validity Draft Regional Regulations


Province as well referred to in paragraph (2), sentence
the ratification reads: This Regional Regulation is declared valid.

(4) An endorsement sentence which reads as follows


referred to in paragraph (3) must be affixed on the last page of the
Provincial Regulation prior to the promulgation of the text of the Provincial
Regulation in the Regional Gazette.

Part Four
Stipulation of Draft Regional Regulations
Regency / City

Art 80
The provisions concerning the stipulation of the Draft Provincial Regulation as
referred to in Article 78 and Article 79 shall apply mutatis mutandis to the
stipulation of Regency / City Regional Regulations.

CHAPTER IX. . .

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CHAPTER IX

INVITATION

Art 81
In order for everyone to be aware of it, the Legislation must be promulgated by
placing it in:

a. The State Gazette of the Republic of Indonesia;

b. Supplement to the State Gazette of the Republic of Indonesia;

c. State Gazette of the Republic of Indonesia;

d. Supplement to the State Gazette of the Republic of Indonesia;

e. Regional Gazette;

f. Additional Regional Gazette; or

g. Regional News.

Art 82

Legislation promulgated in the State Gazette of the Republic of Indonesia,


includes:
a. Laws / Regulations Government Substitute
Constitution;
b. Government regulations;
c. Presidential decree; and
d. Other Legislation which according to the prevailing laws and regulations
must be promulgated in the State Gazette of the Republic of Indonesia.

Art 83
Legislation promulgated in the State Gazette of the Republic of Indonesia
includes statutory regulations
that according to Regulations

The prevailing laws and regulations must be promulgated in the State Gazette of
the Republic of Indonesia.

Art 84. . .
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Art 84

(1) Supplement to the State Gazette of the Republic of Indonesia


contains an explanation of the Laws and Regulations contained in the State
Gazette of the Republic of Indonesia.

(2) Supplement to the State Gazette of the Republic of Indonesia contains

explanation Regulations Legislation that


published in the State Gazette of the Republic of Indonesia.

Art 85

The promulgation of statutory regulations in the State Gazette of the Republic of


Indonesia or the State Gazette of the Republic of Indonesia as referred to in
Article 82 and Article 83 is implemented by the minister who administers
government affairs in the field of law.

Art 86

(1) Legislative Regulations


in the Regional Gazette are Provincial Regulations and Regency / City
Regulations.

(2) Governor Regulations and Regent / Mayor Regulations


promulgated in the Regional News.

(3) Enactment of Legislation in


Regional Gazette and Regional News as referred to in paragraph (1) and
paragraph (2) shall be implemented by the Regional Secretary.

Art 87. . .

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Art 87

Legislation comes into force and has


power binding on date
promulgated, unless stipulated otherwise in the relevant Legislation.

CHAPTER X

DISSEMINATION

Part One
Dissemination of the National Legislation Program, Draft Law,
and Law

Art 88

(1) Dissemination is carried out by the DPR and the Government


since the preparation of the National Legislation Program, preparation of the
Draft Law, discussion of the Draft Law, to the Enactment of the Law.

(2) The dissemination as referred to in paragraph (1)


conducted to provide information and / or obtain
input Public and the
stakeholders.

Art 89

(1) The dissemination of Prolegnas is carried out jointly by


The DPR and the Government are coordinated by a DPR apparatus that
specializes in the field of legislation.

(2) Dissemination. . .

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(2) Dissemination of the Draft Law that


originated from DPR implemented by
DPR commissions / committees / bodies / organs that
specifically deals with the field of legislation.

(3) Dissemination of the Draft Law that


originating from the President implemented by the initiating agency.

Article 90

(1) Dissemination Constitution that has been

promulgated in the State Gazette of Indonesia carried out Republic


jointly with the Government. by the DPR

(2) Dissemination Constitution as is


referred to in paragraph (1) can be done as long as by the DPD

related with autonomy area,


central and regional relations, the formation and expansion and merger of
regions, management of natural resources and other economic resources,
as well as those relating to the balance between central and regional
finances.

Art 91

(1) In the event that the Legislation is necessary


translated to in language foreign,

the translation implemented by the minister who


carry out government affairs in the field of law.

(2) Translation as referred to in paragraph (1)


is the official translation.

Part. . .

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The second part

Dissemination of Prolegda, Draft Provincial Regulation or Regency / City Regional Regulation, and
Provincial Regulation or
Regency / City Regional Regulations

Art 92

(1) The dissemination of Prolegda is carried out by DPRD and


Regional Government since the preparation of Prolegda, compilation
Design Regulations Area,
discussion of the Draft Regional Regulation, to the Enactment of Regional
Regulations.

(2) The dissemination as referred to in paragraph (1)


done to could give information

and / or obtain input from the community and stakeholders.

Art 93

(1) The dissemination of Prolegda is carried out jointly by


DPRD and Government Area Province or
District / City coordinated by the DPRD organ that specializes in the field of
legislation.

(2) Dissemination of the Draft Regional Regulation


originating from DPRD carried out by DPRD organs.

(3) Dissemination of the Draft Regional Regulation


originated from Governor or Regent / Mayor
implemented by the Regional Secretary.

Art 94. . .

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Art 94

Dissemination Regulations Area Province or


Regulations Area Regency / City that has been

promulgated in the Regional Gazette is carried out jointly by the DPRD and the
Provincial or Regency / City Government.

Part Three
Disseminated Manuscripts

Art 95

Manuscript Regulations Legislation that


disseminated must be a copy of the text that has been promulgated in the State
Gazette of the Republic of Indonesia,
Additional Sheet Country Republic
Indonesia, State Gazette of the Republic of Indonesia, Supplement to State
Gazette of the Republic of Indonesia, Regional Gazette, Additional Regional
Gazette, and Regional Gazette.

CHAPTER XI

SOCIETY PARTICIPATION

Art 96

(1) The public has the right to provide input regularly


oral and / or written in Formation
Legislation.

(2) Input orally and / or in writing as referred to


referred to in paragraph (1) can be done through:

a. public hearing meetings;

b. work visit;

c. socialization; and / or
d. seminar. . .
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d. seminars, workshops, and / or discussions.

(3) The community as referred to in paragraph (1)


is an individual or group of people who have an interest in the substance of
the Draft Laws and Regulations.

(4) To make it easier for the community to give


(2) Verbal and / or written input as referred to in paragraph (1), each Draft
Laws and Regulations must be easily accessible to the public.

CHAPTER XII

MISCELLANEOUS PROVISIONS

Art 97

The techniques for drafting and / or the form regulated in this Law apply mutatis
mutandis to techniques for the preparation and / or form of Presidential Decrees,
Decisions of the Leadership of the People's Consultative Assembly, Decrees of
the DPR Leadership, Decrees of the DPD Leaders, Decisions of the Chief Justice
of the Supreme Court, Decisions of the Chief Justice of the Constitutional Court. ,
Decision of the Chairman of the Judicial Commission, Decree

Head Body Examiner Finance,


Decree of the Governor of Bank Indonesia, Decree of the Minister, Decree of the
Head of Agency, Decree of the Head of Institution, or Decree of the Chair of the
Commission of the same level, Decree of the Head
DPRD Province, Decision Governor,
Decree of the Head of Regency / City DPRD, Decree of the Regent / Mayor,
Decree of the Village Head or equivalent.

Art 98. . .

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Art 98

(1) Each stage of the Formation of Laws and Regulations


invitation to include the Draft Legislation.

(2) Provisions regarding participation and guidance


Designer Regulations Legislation
as referred to in paragraph (1) shall be regulated by a Government
Regulation.

Art 99

Besides Designer Regulations Legislation


as referred to in Article 98 paragraph (1), the stages of formation
Constitution, Regulations Area
Province, and Regulations Area Regency / City
include researchers and experts.

CHAPTER XIII

CLOSING

Article 100

All Decision President, Decision Minister,


Governor Decrees, Regent / Mayor Decrees, or other official decrees as referred
to in Article 97 which are regulatory in nature, which existed before this Law
came into effect, must be interpreted as regulations, as long as they do not
contradict this Law.

Article 101. . .

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Article 101

At the time this Law comes into effect, all Regulations


Legislation that is a
implementing regulations of Law Number 10 of 2004 concerning the Formation of
Laws and Regulations (State Gazette of the Republic of Indonesia of 2004
Number 53, Supplement to the State Gazette Number

4389), is declared still valid as long as it does not conflict with the provisions of
this Law.

Article 102

At the time this Law comes into effect, Law Number 10 of 2004 concerning the
Formation of Regulations
Legislation (Sheet Country
Republic of Indonesia of 2004 Number 53, Supplement to the State Gazette of
the Republic of Indonesia Number 4389), is revoked and declared invalid.

Article 103

Implementing regulations of this Law must be stipulated no later than 1 (one)


year from the promulgation of this Law.

Article 104

Constitution this start applies on date


invited.

So that . . .

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So that every person know it, instruct


invitation Constitution this with
placement in Sheet Country Republic
Indonesia.

Legalized in Jakarta
on August 12, 2011

PRESIDENT OF THE REPUBLIC OF INDONESIA,

sgd.

DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on August 12, 2011

MINISTER OF LAW AND HUMAN RIGHTS


REPUBLIC OF INDONESIA,

sgd.

PATRIALIS AKBAR

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2011 NUMBER 82

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EXPLANATION

ON
LAWS OF THE REPUBLIC INDONESIA
NUMBER 12 OF 2011

ABOUT

ESTABLISHMENT OF LEGISLATION REGULATION

I. GENERAL

The Law on the Formation of Legislation is an implementation of the order of Article 22A of the
1945 Constitution of the Republic of Indonesia which states that "Further provisions regarding the
procedures for the formation of laws are further regulated by law." However, the scope of the contents of
this Law is expanded not only to Laws but also to other statutory regulations, apart from the 1945
Constitution of the Republic of Indonesia and the Decrees of the People's Consultative Assembly.

The Law on the Formation of Laws and Regulations is based on the idea that the State of
Indonesia is a state based on law. As a rule of law, all aspects of life are in the field

society, nationality, and statehood including


governance must be based on laws consistent with the national legal system. The national legal system
is that law
applies in Indonesia with all its elements that support one another in order to anticipate and overcome
problems that arise in the life of society, nation and state based on Pancasila and the 1945 Constitution
of the Republic of Indonesia.

Constitution this is a improvement to


the weaknesses in Law Number 10 of 2004, namely, among others:

a. Many of the materials from Law Number 10 of 2004 cause confusion or multiple interpretations so that
they do not provide legal certainty;

b. technique . . .

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b. many formula writing techniques are inconsistent;


c. there is new material that needs to be regulated in accordance with developments or legal
requirements in the Formation of Laws and Regulations; and

d. decomposition of the material in accordance with what is regulated in each chapter in accordance with the

systematics.

As an improvement to the previous Law, new content has been added to this Law, namely,
among others:

a. the addition of the Decree of the People's Consultative Assembly as a type of Legislation and its
hierarchy is placed
after Constitution Basic Country Republic
Indonesia 1945;
b. expansion of the scope of planning of laws and regulations not only for Prolegnas and Prolegda but
also planning
Regulations Government, Regulations President, and
Other statutory regulations;
c. setting the mechanism for the deliberation of the Draft Law on
Revocation of Government Regulations in Lieu of Law
Invite;
d. regulating Academic Manuscripts as a requirement in the preparation of the Draft Law or the Draft
Provincial Regulations and the Draft District / City Regulations; arrangements regarding the
participation of Legislative Drafters, researchers, and experts in the Formation stage of Legislation;
e. and

f. addition of Academic Paper preparation techniques in Attachment I to this Law.

In general, this Law contains the main materials compiled


systematically as follows: the principle of formation
Legislation; types, hierarchies, and content of the Legislation; Planning Laws and Regulations;

drafting Regulations Legislation; technique

drafting Regulations Legislation; discussion and


ratification of the Draft Law; discussion and stipulation of the Draft Provincial Regulation and the Draft
Regional Regulation

Districts . . .
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Regency / City; invitation Regulations Legislation;


dissemination; public participation in the Formation of Legislation; and other provisions concerning the
formation of Presidential Decrees and other state and government institutions.

The stages of planning, drafting, discussing, ratifying and stipulating, as well as promulgating
are steps that basically have to be taken in the Formation of Legislation. However, these stages are
certainly carried out in accordance with the needs or conditions as well as the type and hierarchy of
certain Legislations whose formation is not regulated by Law.

this, as discussion Design Regulations

Government, the Draft Presidential Regulation, or discussion of the Draft Legislation as referred to in
Article 8 paragraph (1).

In addition to the new material, there is also a refinement of the techniques for drafting
Legislation and its examples which are placed in Attachment II. Improvements to drafting techniques

Regulations Legislation intended to


further clarify and provide clearer and more definite guidelines, accompanied by examples for the
formulation of laws and regulations, including regional statutory regulations.

II. ARTICLE BY ARTICLE

article 1
Quite clear.
Section 2

The placement of Pancasila as the source of all sources of state law is in accordance with the
fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia, namely
Almighty Godliness, just and civilized humanity, Indonesian Unity, Democracy led by wisdom in
Deliberation / Representation, and social justice for all Indonesian people.

Place. . .
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Placing Pancasila as the basis and ideology of the state as well as the philosophical basis of the
state so that any material contained in the Legislation must not conflict with the values
contained in Pancasila.

Article 3

Paragraph (1)

What is meant by "basic law" is the basic norm for the Formation of Legislation which is
the source of law for the Formation of Legislation under the 1945 Constitution of the
Republic of Indonesia.

Paragraph (2)

Quite clear.

Paragraph (3)

Quite clear.

Article 4

Quite clear.

Article 5

Letter a
What is meant by "principle of clarity of objectives" is that every Formation of Legislation
must have a clear objective to be achieved.

Letter b
What is meant by "the correct institutional principle or official forming" is that each type
of Legislation must be made by the competent state institution or official forming the
Legislations and Regulations. These laws and regulations can be canceled or null and
void if they are made by unauthorized state institutions or officials.

Letter c. . .
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Letter c
The term "the principle of conformity between types, hierarchy,
and Theory cargo " is that in
The formation of Legislation must pay close attention to the appropriate content in
accordance with the type and hierarchy of the Laws and Regulations.

Letter d
What is meant by "the principle of enforceability" is that every Formation of Legislation
must take into account the effectiveness of the Laws and Regulations in society, both
philosophically, sociologically, and juridically.

Letter e
That referred to with "principle usability and
efficiency ”means that every Legislation is made because it is really needed and useful
in regulating the life of society, nation and state.

Letter f
What is meant by "the principle of clarity of formulation" is that
every Regulations Legislation must
Fulfill requirements technical drafting Regulations

Legislation, systematics, choice of words or terms, as well as clear and easy to


understand legal language so as not to cause various kinds of interpretations in their
implementation.

Letter g
What is meant by "principle of openness" is that in the Formation of Legislation starting
from planning, preparation, discussion, ratification or stipulation, and promulgation is
transparent and open. Thus, all levels of society have

opportunity that as widely as possible to


give input in Formation Regulations

Legislation.

Article 6. . .
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Article 6

Paragraph (1)

Letter a
What is meant by "the principle of protection" is that each Material Contains of
Laws and Regulations must function to provide protection to create public
order.

Letter b
What is meant by "humanitarian principle" is that every Material Contained in
the Legislation must reflect the protection and respect for human rights as well
as the dignity and worth of every citizen and population of Indonesia in a
proportional manner.

Letter c
What is meant by "the principle of nationality" is that each Material Contained in
the Legislation must reflect the character and character of the plural Indonesian
nation while maintaining the principles of the Unitary State of the Republic of
Indonesia.

Letter d
The term "principle of kinship" is that each Material Contains of the Laws and
Regulations must reflect deliberation to achieve

consensus in every taking


decision.

Letter e
What is meant by "principle of nationality" is that each Material Contains Laws
and Regulations
always pay attention interests
the entire territory of Indonesia and the Content of Legislation made in the
regions is part of the national legal system based on Pancasila and the 1945
Constitution of the Republic of Indonesia.

Letter f. . .
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Letter f
What is meant by "the principle of bhinneka Tunggal Ika" is that the Content of
Legislation and Regulations must take into account the diversity of the
population, religion, ethnicity and class, regional special conditions and culture
in the life of society, nation and state.

Letter g
What is meant by "the principle of justice" is that every Material Contained in
Legislation must reflect justice proportionally to every citizen.

Letter h
What is meant by "the principle of equal position in law and government" is that
any Material Contains of Legislation may not be

load Thing that character distinguish


based on background, among others, religion, ethnicity, race, class, gender, or
social status.

Letter i
What is meant by "the principle of legal order and certainty" is that each
Material Contains the Legislation
must could manifest
order in society by guaranteeing legal certainty.

Letter j
What is meant by "principle of balance, harmony and harmony" is that each
Material Contained in Legislation must reflect balance, harmony and harmony
between the interests of individuals, society and the interests of the nation and
state.

Paragraph (2). . .

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Paragraph (2)

What is meant by "other principles in accordance with the field of law of the relevant
Legislation", among others:

a. in Criminal Law, for example, the principle of legality, the principle of no punishment

without error, the principle of fostering prisoners, and the principle of presumption of

innocence;

b. in Civil Law, for example, in contract law, among others, the principle of agreement,
freedom of contract, and good faith.

Article 7

Paragraph (1)

Letter a
Quite clear.

Letter b
That referred to with "Resolutions Assembly

"People's Consultative Assembly" means the Decree of the Provisional


People's Consultative Assembly and the Decree of the People's Consultative
Assembly. which is still valid
as referred to in Article 2 and Article 4 of the Decree of the People's
Consultative Assembly of the Republic of Indonesia Number: I / MPR / 2003
concerning Review of the Material and Legal Status of the Provisional People's
Consultative Assembly Stipulations and the Decrees of the People's
Consultative Assembly from 1960 to 2002, August 7, 2003.

Letter c
Quite clear.

Letter d
Quite clear.

Letter e
Quite clear.

Letter f. . .

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Letter f
Included in the Provincial Regulations are Qanuns that apply in Aceh Province
and Special Regional Regulations (Perdasus) and Provincial Regulations
(Perdasi) that apply in Papua and West Papua Provinces.

Letter g
Included in the District / City Regional Regulations are Qanuns that apply in
Regencies / Cities in Aceh Province.

Paragraph (2)

In this provision what is meant by "hierarchy" is the separation of each type of


Legislation based on the principle that the lower laws and regulations may not conflict
with the higher laws and regulations.

Article 8

Paragraph (1)

What is meant by "Ministerial Regulation" is a regulation stipulated by the minister


based on content in the framework of carrying out certain affairs in government.

Paragraph (2)

What is meant by "based on authority" is the administration of certain governmental


affairs in accordance with the provisions of the Legislation.

Article 9

Quite clear.

Article 10

Paragraph (1)

Letter a
Quite clear.
Letter b. . .
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Letter b
Quite clear.

Letter c
That referred to with "agreement international
certain" is agreement international that
have broad and fundamental consequences for the lives of the people related
to the burden on state finances and / or the agreement requires amendments or
formation of laws with the approval of the DPR.

Letter d
What is meant by "follow-up to the Court decision
Constitution" related with decision
The Constitutional Court regarding Judicial Review Invite-
to Constitution Basic Country
Republic of Indonesia in 1945.
The contents of which are made are related to paragraphs, articles and / or
parts of the Law which are expressly stated in the Constitutional Court Decision
contrary to the 1945 Constitution of the Republic of Indonesia.

Letter e
Quite clear.

Paragraph (2)

Follow up continue on decision Court Constitution


intended to prevent the law from happening. emptiness

Article 11

Quite clear.

Article 12. . .

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Article 12

The term "carrying out the Law properly" means


is determination Regulations Government to
carry out a law order or to carry out laws as long as necessary without deviating from the
material regulated in the law concerned.

Article 13

Presidential Regulation is formed to carry out further regulation of the order of Laws or
Government Regulations which are explicitly or not explicitly ordered for its formation.

Article 14

Quite clear.

Article 15

Quite clear.

Article 16

Quite clear.

Article 17

What is meant by "national legal system" is a legal system that applies in Indonesia with all its
elements as well as mutually supporting one another in order to anticipate and resolve problems
that arise in life.

nation, have a state, and socialize that


based on Pancasila and the 1945 Constitution of the Republic of Indonesia.

Article 18

Letter a
Quite clear.

Letter b. . .

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Letter b
That referred to with "Command Stipulation Assembly

Deliberation People" is Stipulation Assembly

The Provisional People's Consultative Assembly and the still-valid Decrees of the
People's Consultative Assembly as referred to in Article 2 and Article 4 of the Decrees
of the People's Consultative Assembly
Republic of Indonesia Number:
I / MPR / 2003 concerning Review of Material and Legal Status
Stipulation Assembly Deliberation People
Meanwhile and the Decree of the People's Consultative Assembly from 1960 to 2002,
August 7
2003.

Letter c
Quite clear.

Letter d
Quite clear.

Letter e
Quite clear.

Letter f
Quite clear.

Letter g
Quite clear.

Letter h
Quite clear.

Article 19

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3). . .

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Paragraph (3)

What is meant by "assessment and alignment" is the process of knowing the


relationship between the material to be regulated by other laws and regulations which
are vertical or horizontal so as to prevent overlapping regulations or authorities.

Article 20

Quite clear.

Article 21

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3)

Quite clear.

Paragraph (4)

What is meant by "the minister who administers government affairs in the field of law" is
the Minister of Law and Human Rights.

Paragraph (5)

Quite clear.

Paragraph (6)

Quite clear.

Article 22

Quite clear.

Article 23. . .

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Article 23

Paragraph (1)

Letter a
That referred to with "agreement international
certain" is agreement international that
have broad and fundamental consequences for the lives of the people related
to the burden on state finances and / or the agreement requires amendments or
formation of laws with the approval of the DPR.

Letter b
Quite clear.

Letter c
Quite clear.

Letter d
Quite clear.

Letter e
Quite clear.

Paragraph (2)

Quite clear.

Article 24

Quite clear.

Article 25

Quite clear.

Article 26

Quite clear.
Article 27

Quite clear.

Article 28. . .

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Article 28

Quite clear.

Article 29

Quite clear.

Article 30

Quite clear.

Article 31

Quite clear.

Article 32

This provision is intended to keep the products of Provincial Regulations within the national legal
system.

Article 33

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3)

What is meant by "assessment and alignment" is the process of knowing the


relationship between the material to be regulated by other laws and regulations which
are vertical or horizontal so as to prevent overlapping regulations or authorities.

Art 34

Quite clear.

Art 35. . .

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Art 35

Quite clear.

Art 36

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3)

What is meant by "related vertical agencies" includes but is not limited to vertical
agencies of the ministry that carry out government affairs in the legal sector.

Paragraph (4)

Quite clear.

Paragraph (5)

Quite clear.

Art 37

Quite clear.

Art 38

Quite clear.

Article 39

Quite clear.

Art 40

Quite clear.

Article 41

Quite clear.

Art 42. . .

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Art 42

Quite clear.

Art 43

Quite clear.

Art 44

Quite clear.

Art 45

Quite clear.

Art 46

Quite clear.

Article 47

Quite clear.

Article 48

Quite clear.

Art 49

Paragraph (1)

Quite clear.

Paragraph (2)

The ministerial assignment is accompanied by the submission of the Problem Inventory


List (DIM) that has been compiled within the said 60 (sixty) day period.

Paragraph (3)

Quite clear.
Art 50

Paragraph (1)

Quite clear.
Paragraph (2). . .

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Paragraph (2)

Quite clear.

Paragraph (3)

Within the said 60 (sixty) days, the DPR has completed the preparation of DIM.

Paragraph (4)

Quite clear.

Article 51

Quite clear.

Art 52

Paragraph (1)

What is meant by "the following trial" is the period of the first session of the DPR after
the Government Regulation in Lieu of Law is enacted.

Paragraph (2)

Quite clear.

Paragraph (3)

Quite clear.

Paragraph (4)

Quite clear.

Paragraph (5)

Quite clear.

Paragraph (6)

Quite clear.

Paragraph (7)

Quite clear.

Paragraph (8)

Quite clear.

Art 53. . .

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Art 53

Quite clear.

Art 54

Quite clear.

Art 55

Quite clear.

Art 56

Quite clear.

Art 57

Quite clear.

Article 58

Quite clear.

Art 59

Quite clear.

Article 60

Quite clear.

Art 61

Quite clear.

Art 62

Quite clear.

Article 63

Quite clear.

Art 64. . .

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Art 64

Quite clear.

Art 65

Quite clear.

Art 66

Quite clear.

Article 67

Quite clear.

Art 68

Quite clear.

Art 69

Quite clear.

Article 70

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3)

Provisions this intended to simplify


the mechanism for the withdrawal of the Draft Law.

Art 71

Quite clear.

Article 72

Paragraph (1)

Quite clear.
Paragraph (2). . .

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Paragraph (2)

A grace period of 7 (seven) days is deemed appropriate to prepare all matters relating
to the technicality of writing the Draft Law to the Official Gazette of the President.

to with the signing endorsement


Law by the President and signing at the same time invitations to the State Gazette of
the Republic of Indonesia by the minister who carries out government affairs in the field
of law.

Art 73

Quite clear.

Art 74

Quite clear.

Art 75

Paragraph (1)

In the discussion of the Draft Provincial Regulation at the Provincial DPRD, the
Governor can be represented, except in submitting and making decisions.

Paragraph (2)

Quite clear.

Paragraph (3)

Quite clear.

Paragraph (4)

Quite clear.

Art 76

Quite clear.

Art 77

Quite clear.
Art 78. . .

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Art 78

Quite clear.

Art 79

Quite clear.

Art 80

Quite clear.

Art 81

With the promulgation of Legislation in the official sheet as referred to in this provision, everyone
is deemed to have known about it.

Art 82

Quite clear.

Art 83

Quite clear.

Art 84

Quite clear.

Art 85

Quite clear.

Art 86

Quite clear.

Art 87. . .

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Art 87

The enactment of laws and regulations that are not the same as the date of promulgation is
possible for the preparation of facilities and infrastructure as well as the readiness of the
apparatus implementing the laws and regulations.

Art 88

Paragraph (1)

What is meant by "dissemination" is the activity of conveying information to the public


regarding Prolegnas, Draft Laws that are being drafted, discussed, and which have
been promulgated so that the public can provide input or

response to the
Law or understand the Law that has been promulgated. Dissemination of these laws
and regulations, for example, through electronic media and / or printed media.

Paragraph (2)

Quite clear.

Art 89

Quite clear.

Article 90

Quite clear.

Art 91

Quite clear.

Art 92

Paragraph (1)

What is meant by "dissemination" is the activity of conveying information to the public


regarding Prolegda, Draft Provincial Regulations, or Draft District / City Regulations that
are currently in progress.

arranged . . .
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compiled, discussed, and which has been promulgated so that the public can provide
input or response to
Regulations Area the or understand
Regulations Area Province or Regulations Area
Regencies / Cities that have been promulgated. Dissemination of these laws and
regulations, for example, through electronic media and / or printed media.

Paragraph (2)

Quite clear.

Art 93

Quite clear.

Art 94

Quite clear.

Art 95

Quite clear.

Art 96

Paragraph (1)

Quite clear.

Paragraph (2)

Quite clear.

Paragraph (3)

Including in group person Among other,

community groups / organizations, professional groups, non-governmental


organizations and indigenous peoples.

Paragraph (4)

Quite clear.

Art 97

Quite clear .
Art 98. . .

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Art 98

Paragraph (1)

What is meant by "Drafters of Legislation" is a civil servant who is fully assigned the
duties, responsibilities, powers and rights by the official.

that authorized to To do activities


arrange Design Regulations Legislation
and / or other legal instruments in accordance with the provisions of the Legislation.

Paragraph (2)

Quite clear.

Art 99

Quite clear.

Article 100

Quite clear.

Article 101

Quite clear.

Article 102

Quite clear.

Article 103

Quite clear.

Article 104

Quite clear.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5234

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APPENDIX I
LAWS OF THE REPUBLIC INDONESIA
NUMBER 12 OF 2011
CONCERNING
ESTABLISHMENT OF LEGISLATION REGULATIONS

TECHNIQUES FOR DEVELOPING ACADEMIC TEXT DESIGN


LAW, PROVINCIAL REGULATORY DESIGN, AND
REGIONAL REGULATORY DESIGN OF DISTRICT / CITY

1. Academic Manuscripts are texts of the results of research or legal studies and other research results
on a particular problem that can be scientifically accounted for regarding the regulation of the
problem.
the in something Design Constitution,
Draft Provincial Regulations, Draft District / City Regulations, as solutions to community legal
problems and needs.

2. The Systematics of Academic Manuscripts are as follows:

TITLE

FOREWORD

TABLE OF CONTENTS

PIG PRELIMINARY

CHAPTER II THEORETICAL STUDY AND EMPIRICAL PRACTICE

CHAPTER III EVALUATION AND ANALYSIS OF RELATED LEGISLATION

CHAPTER IV PHILOSOPHICAL, SOCIOLOGICAL AND JURIDIC FOUNDATION

CHAPTER V REACH, REGULATORY DIRECTION, AND SCOPE OF THE MATERIALS


CONTENT CONSTITUTION, REGULATION
AREA PROVINCE, OR REGULATION AREA
DISTRICT / CITY

CHAPTER VI CLOSING
REGISTER. . .

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BIBLIOGRAPHY

ATTACHMENT: DESIGN LEGISLATION

Brief description of each section:

1. CHAPTER I INTRODUCTION

The introduction contains the background, objectives to be realized, problem


identification, objectives and uses, and research methods.

A. Background

The background contains thoughts and reasons for need


drafting Manuscript Academic as reference

the formation of certain Draft Laws or Regional Regulations Drafts. The background
explains why the formation of a Draft Law or Draft Regulation

Area something Regulations Legislation


requires an in-depth and comprehensive study of scientific theory or thought related to the
content of the draft Law or Regional Regulation Draft that will be established. This scientific
thinking leads to the preparation of philosophical, sociological and juridical arguments

in order to support the need or not


preparation of Draft Laws or Draft Regional Regulations.

B. Problem Identification

Problem identification contains formulations regarding what problems will be found


and described in the Academic Paper. Basically problem identification in an Academic
Paper includes 4 (four) main problems, namely as follows:

1) What problems are faced in the life of the nation, state and society and how these
problems can be overcome.

2) Why. . .
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2) Why is it necessary to Draft Law or Draft Regional Regulations as the basis for solving
these problems, that is
mean justify engagement country in
solving the problem.

3) What are the philosophical, sociological, juridical considerations or foundations for the
formation of the Draft Law or the Draft Regional Regulation.

4) What target that will manifested, room scope


setting, range, and setting direction.

C. Purpose and Use of Academic Draft Preparation Activities


In accordance with the scope of problem identification stated above, the objectives
of preparing the Academic Paper are formulated as follows:

1) Formulate the problems faced in the life of the nation, state and society as well as ways to
overcome these problems.

2) Formulating the legal problems faced as a reason for formation


Draft Law or
Design Regulations Area as basic law
solutions or solutions to problems in the life of the nation, state and society.

3) Formulating philosophical, sociological, and juridical considerations or foundations


formation Design Constitution or
Draft Regional Regulations.

4) Formulating targets to be realized, the scope of the regulation,


range, and direction Settings in
Design Constitution or Design Regulations

Area.

Meanwhile, the usefulness of preparing Academic Manuscripts is


as reference or reference drafting and
discussion of the Draft Law or the Draft Regional Regulation.

D. Method. . .

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D. Method

Basically, Academic Drafting is


something activities research so that used method
preparation of academic papers based on legal research methods or other research. Legal
research can be carried out through normative juridical methods and empirical juridical
methods. The empirical juridical method is also known as sociolegal research. The normative
juridical method is carried out through literature studies that examine (especially) secondary
data in the form of laws and regulations, court decisions, agreements, contracts, or other
legal documents, as well as research results, assessment results, and other references. The
normative juridical method can be complemented by interviews, discussions ( focus group
discussion), and hearings meetings. The juridical empirical or sociolegal method is research
that begins with normative research or a review of the laws and regulations (normative)
which is followed by in-depth observation and the distribution of questionnaires to obtain data
on non-legal factors that are related to and which affect the laws and regulations under
study.

2. CHAPTER II THEORETICAL STUDY AND EMPIRICAL PRACTICE

This chapter contains descriptions of theoretical material, principles, practice,


development of thought, as well as the social, political and economic implications, state finances
of a regulation in a Law, Provincial Regulation, or Regency / City Regulation.

This chapter can be described in the following subsections:

A. A theoretical study.

B. Study of principles / principles related to norm making.

The analysis of the determination of these principles also takes into account various aspects
of life related to the laws and regulations that will be made, which come from the results of
the research.

C. Study. . .
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C. Study of the implementation practice, existing conditions, and problems faced by the
community.

D. Study the implications of implementing the new system that will be regulated in a law or
regional regulation on aspects of community life and its impact on aspects of the state's
financial burden.

3. CHAPTER III EVALUATION AND ANALYSIS REGULATIONS -


RELATED INVITATION

This chapter contains the results of a study of the relevant laws and regulations which
contain the existing legal conditions, the relationship between new laws and regional regulations
and statutory regulations.
other, harmonization in a manner vertical and
horizontally, as well as the status of existing laws and regulations, including laws and regulations
that are revoked and declared invalid and laws and regulations that are still valid because they do
not contradict new laws or regional regulations.

Study to Regulations Legislation this

intended to know the legal conditions or statutory regulations concerning the substance or
material to be regulated. In this study, it will be known the position of the new law or regional
regulation. This analysis can illustrate

level synchronization, harmonization Regulations

Existing legislation and the position of laws and regional regulations to avoid overlapping
regulations. The results of this explanation or description serve as material for the preparation of a
philosophical and juridical basis for the formation of laws, provincial regulations or district / city
regulations that will be formed.

4. CHAPTER IV. . .

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4. CHAPTER IV PHILOSOPHICAL, SOCIOLOGICAL AND JURIDICAL FOUNDATIONS

A. Philosophical Basis

The philosophical basis is a consideration or reason to describe


that that regulations that formed
consider outlook on life, consciousness, and mind
law which covers the mystical atmosphere and philosophy of the Indonesian nation which
originates from Pancasila and the Preamble to the 1945 Constitution of the Republic of
Indonesia.

B. Sociological Basis

The sociological basis is a consideration or reason that illustrates that regulations


are formed to meet the needs of society in various aspects. The real sociological foundation
concerns empirical facts regarding the development of problems and needs of society and
the state.

C. Juridical Foundation

Juridical basis is a consideration or reason that illustrates that regulations are


formed to overcome legal problems or fill legal voids by considering existing rules, which will
be changed, or which will be revoked to ensure legal certainty and a sense of public justice.
The juridical basis concerns legal issues relating to the substance or material regulated so
that it is necessary to establish new Prevailing Laws. Some of these legal issues include,
among others, outdated regulations, disharmonious or overlapping regulations, types of
regulations that are lower than the Law so that their effectiveness is weak, the regulations
are

already there is but not adequate, or


there are no rules at all.

5. CHAPTER V. . .

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5. CHAPTER V REACH, REGULATORY DIRECTION, AND SCOPE OF THE MATERIALS


CONTENT CONSTITUTION, REGULATION AREA
PROVINCE, OR REGIONAL REGULATION OF DISTRICT / CITY

The Academic Manuscript ultimately serves to direct


room scope Theory payload Design Constitution,
The Draft Provincial Regulation, or the Draft Regency / City Regulation that will be established. In
this chapter, before describing the scope of the content, the objectives to be realized, the direction
and range of arrangements are formulated. The material is based on the reviews that have been
stated in the previous chapter. Furthermore, the scope of the material basically includes:

A. General provisions contain academic formulations regarding the meaning of terms and
phrases;

B. the material to be arranged;

C. sanctions provisions; and

D. transitional provisions.

6. CHAPTER VI CLOSING

The closing chapter consists of conclusions and suggestions.

A. Conclusion
The conclusion contains a summary of the main ideas related to the implementation
practice, the subject of theoretical elaboration, and the principles that have been described in
the previous chapter.

B. Suggestions

The suggestions include:


1. The need for sorting out the substance of the Academic Paper in a Legislation or
Legislation under it.

2. Recommendations on the priority scale for the preparation of the Draft Law / Draft
Regulations Area in
National Legislation Program / Regional Legislation Program.

3. Activities. . .
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3. Activities other that required to support


further refinement of Academic Manuscripts.

7. BIBLIOGRAPHY

List References load book, Regulations Legislation-


invitations, and journals that are the source of material for the preparation of Academic Papers.

8. APPENDIX
LEGISLATION DESIGN

PRESIDENT OF THE REPUBLIC OF INDONESIA,

sgd.

DR. H. SUSILO BAMBANG YUDHOYONO

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APPENDIX II
LAWS OF THE REPUBLIC INDONESIA
NUMBER 12 OF 2011
CONCERNING
ESTABLISHMENT OF LEGISLATION REGULATIONS

TECHNIQUE FOR DRAWING LAWS AND REGULATIONS

SYSTEMATICS

PIG REGULATORY FRAMEWORK

A. TITLE

B. OPENING

1. Phrases With the Grace of God Almighty

2. Position of Establishing Legislation

3. Considerations

4. Legal Basis

5. Dictum

C. THE STEM OF THE BODY

1. General Provisions

2. Subjects Regulated

3. Criminal Provisions (if needed)

4. Transitional Provisions (if needed)

5. Closing Provisions

D. CLOSING

E. DESCRIPTION (if needed)

F. APPENDIX (if required)

CHAPTER II . . .

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CHAPTER II SPECIFIC MATTERS

A. DELEGATING AUTHORITY

B. INVESTIGATION

C. REVOCATION

D. AMENDMENT TO THE LAWS AND REGULATIONS

E. DETERMINATION REGULATION GOVERNMENT REPLACEMENT

LAWS BECOMING LAWS

F. Ratification of INTERNATIONAL AGREEMENTS

CHAPTER III DIVERSITY OF LANGUAGES OF LEGISLATION

A. LANGUAGE REGULATIONS

B. OPTIONS OF WORD OR TERMS

C. CONFIGURATION TECHNIQUES

CHAPTER IV FORM OF LEGAL REGULATION DESIGN

A. FORM OF LEGAL DESIGN IN GENERAL

B. FORM DESIGN CONSTITUTION DETERMINATION

GOVERNMENT REGULATION IN LITERATURE LAWS BECOMING LAWS

C. FORM OF Draft Law - Ratification of International Treaties that do not use Indonesian as
one of the official languages

D. FORM DESIGN CONSTITUTION CHANGE


CONSTITUTION

E. FORM OF LAW-REVOCATION LAWS

F. FORM OF LAWS DEPOSITING GOVERNMENT REGULATIONS IN LITERATURE-LAWS

G. FORM DESIGN REGULATION GOVERNMENT

INSTITUTION OF LAW
H. FORM. . .

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H. FORM OF GOVERNMENT REGULATORY DESIGN

I. FORM OF PRESIDENTIAL REGULATION DESIGN

J. FORM OF REGULATORY DESIGN OF THE MINISTER

K. FORM OF PROVINCIAL REGULATORY DESIGN

L. SHAPES DESIGN REGULATION AREA


DISTRICT / CITY

PIG . . .

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PIG
REGULATORY FRAMEWORK

1. The statutory framework consists of:


A. Title;
B. Opening;
C. Torso;
D. Closing;
E. Explanation (if needed);
F. Attachments (if required).

A. TITLE

2. The title of the Laws and Regulations contains information regarding the type, number, year of
promulgation or stipulation, and the name of the Laws and Regulations.

3. The name of the Laws and Regulations is made briefly by using only 1 (one) word or phrase but
essentially the meaning has been and reflects the contents of the Laws and Regulations -
invitations.

Examples of names of laws and regulations that use 1 (one) word:

- Patent;
- Foundation;

- Electricity.

Examples of names of laws and regulations that use the phrase:

- Freedom to Express Opinions in Public;


- Local taxes and levies;
- Flag, Language, and National Emblem and National Anthem.

4. Title. . .

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4. The title of the Laws and Regulations is written entirely in capital letters which are placed in the
middle of the margin without ending in punctuation.

Example:

a. LAWS OF THE REPUBLIC INDONESIA


NUMBER 6 OF 2011
ABOUT
IMMIGRATION

b. PROVINCE REGIONAL REGULATION

JAKARTA CAPITAL SPECIAL REGION


NUMBER 8 OF 2007
ABOUT
PUBLIC ORDER

c. QANUN KABUPATEN ACEH JAYA


NUMBER 2 OF 2010
ABOUT
PERFORMANCE OF POPULATION ADMINISTRATION

d. REGIONAL REGULATION OF PAPUA PROVINCE

NUMBER 5 OF 2010
ABOUT
THE POSITION OF THE LEADERSHIP AND MEMBERS
PAPUA PEOPLE ASSEMBLY

e. PAPUA PROVINCE SPECIFIC REGIONAL REGULATIONS

NUMBER 23 OF 2008
ABOUT
CULTURAL RIGHTS, SOCIETY, CUSTOMARY LAWS AND RIGHTS

INDIVIDUAL CITIZENS OF LAND COMMUNITIES

5. Title. . .

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5. The title of the Legislation may not be added with an abbreviation or acronym.

Incorrect example of adding an abbreviation:

a. LAWS OF THE REPUBLIC INDONESIA


NUMBER ... YEAR ...
ABOUT
STATE REVENUE AND EXPENDITURE BUDGET (APBN)

b. REGIONAL REGULATION OF PEKANBARU CITY

NUMBER 9 OF 2005
ABOUT
VILLAGE COMMUNITY EMPOWERMENT INSTITUTION (LPMK)

Examples of imprecise using acronyms:

REGIONAL REGULATION OF DISTRICT ...


NUMBER ... YEAR ...
ABOUT
PROGRAM FOR THE REGIONAL LEGISLATION PROGRAM (PROLEGDA)

6. In the name of the amended Legislation, the phrase amended above is added in front of the title
of the amended Legislation.

Example:

a. LAWS OF THE REPUBLIC INDONESIA


NUMBER 2 OF 2011
ABOUT
AMENDMENT TO LAW NUMBER 2 YEARS
2008 ABOUT THE POLITICAL PARTIES

b. REGULATION. . .

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b. REGIONAL REGULATION OF JAYAPURA DISTRICT


NUMBER 14 OF 2009
ABOUT
AMENDMENT TO REGIONAL REGULATION NUMBER 2 YEAR
2007 CONCERNING THE MAINS
REGIONAL FINANCIAL MANAGEMENT

7. If the Laws and Regulations have been amended more than 1 (one) time, between the word
amendment and the word above is inserted a description indicating how many times the change
has been made, without specifying the previous changes.

Example:

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA

NUMBER 21 YEAR 2007


ABOUT
THE THIRD AMENDMENT TO GOVERNMENT REGULATION NUMBER 24 OF 2004

CONCERNING PROTOCOLARY AND FINANCIAL POSITIONS OF MEMBERS OF THE

REGIONAL HOUSE OF REPRESENTATIVES

Examples of Local Regulations:

REGIONAL REGULATION OF TENGGARA DISTRICT


NUMBER 3 OF 2011
ABOUT
SECOND AMENDMENT TO REGIONAL REGULATION
NUMBER 6 OF 2007 CONCERNING ORGANIZATIONAL STRUCTURE AND ORGANIZATIONS

WORKING OF THE REGIONAL SERVICE OF TENGGARA DISTRICT

8. If the amended laws and regulations have a short name,


Regulations Legislation change could
using the short name of the amended legislation.

9. On. . .

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9. On name Regulations Legislation revocation


added the word revocation in front of the title of Legislation - revoked invitation.

Example:

LAWS OF THE REPUBLIC INDONESIA


NUMBER 3 OF 2010
ABOUT
DISCLAIMER OF GOVERNMENT REGULATION IN LITERATURE OF LAW NUMBER 4
OF 2009 CONCERNING AMENDMENTS TO LAW NUMBER 30 OF 2002 CONCERNING
COMMISSIONS
ERADICATION OF CRIMINAL ACTION OF CORRUPTION

Examples of Local Regulations:

REGIONAL REGULATION OF SOUTH KALIMANTAN PROVINCE


NUMBER 4 OF 2010
ABOUT
REVOCATION OF REGIONAL REGULATION OF KALIMANTAN PROVINCE

SELATAN NUMBER 4 YEAR 2003 CONCERNING RETRIBUTION PERMITS

TRAYEK AND SPECIAL TRANSPORT LICENSE IN SEA


CROSS-DISTRICT OR CITY LANDS

10. In the name of the Government Regulation in Lieu of Law (Perpu) which is stipulated as Law, the
word stipulation is added in front of the title of Legislation which is stipulated and ends with the
phrase become Law.

Example:

LAWS OF THE REPUBLIC INDONESIA


NUMBER 15 OF 2003
ABOUT
GOVERNMENT REGULATION IN LITERATURE - LAW NUMBER 1 OF 2002
CONCERNING ERADICATION OF CRIMINAL ACTION OF TERRORISM INTO
LAW-LAW

11. On. . .

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11. In the name of the Laws and Regulations for ratification of international treaties or agreements, the
word ratification is added in front of the name of the international treaty or agreement to be
ratified.

Example:

LAW NUMBER 47 YEAR 2007


ABOUT
Ratification of the AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND AUSTRALIA

CONCERNING THE SECURITY COOPERATION FRAMEWORK ( AGREEMENT BETWEEN

THE REPUBLIC OF INDONESIA AND AUSTRALIA ON THE FRAMEWORK FOR SECURITY


COOPERATION)

12. If in an international agreement or agreement the Indonesian language is used as one of the official
texts, the name of the agreement or agreement is written in Indonesian, followed by the foreign
language of the official text which is written in italics and placed between the punctuation of
brackets.

Example:

LAWS OF THE REPUBLIC INDONESIA


NUMBER 4 OF 2010
ABOUT
Ratification of the AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF

SINGAPORE CONCERNING THE DETERMINATION OF THE SEA BORDER FOR THE SECOND AREA OF

THE COUNTRY IN THE WEST SINGAPORE STrait,

2009
( TREATY BETWEEN THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF
SINGAPORE RELATING DELIMITATION OF THE TERRITORIAL SEAS OF THE TWO
COUNTRIES IN THE WESTERN PART
OF THE STRAIT OF SINGAPORE, 2009)

13. If in an international agreement or agreement, the Indonesian language is not used as the official
text, the name of the agreement or agreement is written in English in italics, followed by the
translation in Indonesian which is placed between the punctuation of brackets.

Example:. . .

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Example:

LAWS OF THE REPUBLIC INDONESIA


NUMBER 5 OF 2009
ABOUT
Ratification UNITED NATIONS CONVENTION AGAINST
TRANSNATIONAL ORGANIZED CRIME
(UNITED NATIONS CONVENTION ABOUT ACTION
ORGANIZED TRANSNATIONAL CRIMINAL)

B. OPENING

14. The Preamble of Laws and Regulations consists of:


a. Phrases With the Grace of God Almighty;
b. Position forming the Legislations;
c. Preamble;
d. Legal basis; and
e. Dictum.

B.1. Phrases With the Grace of God Almighty

15. At the opening of each type of Laws and Regulations before the name
position formers Regulations Legislation
includes the phrase With the Grace of God Almighty which is written entirely in capital letters
placed in the middle of the margin.

B.2. Position Forming Legislation

16. Position formers Regulations Legislation written


all capital letters that are placed in the middle of the margin and end with a comma punctuation.

Examples of legislative positions:


PRESIDENT OF THE REPUBLIC OF INDONESIA,

Example. . .

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Examples of positions that form Provincial Regulations:


THE GOVERNOR OF WEST JAVA,

Examples of positions for establishing District Regulations:


THE REGENT OF MOUNTAIN KIDUL,

Examples of positions that form City Regional Regulations:


MAYOR OF DUMAI,

B.3. Considerations

17. The preamble begins with the word Consider.

18. The preamble contains a brief description of the main thoughts that become
consideration and reason formation Regulations

Legislation.

19. The main ideas in the preamble of laws, provincial regulations or regency / municipal regulations
contain philosophical, sociological and juridical elements which are considered and the reasons
for their formation, whose writing is placed sequentially from philosophical, sociological, and
juridical.

- The philosophical element illustrates that the rules that are formed take into account
outlook on life, consciousness, and mind
law which covers the mystical atmosphere and philosophy of the Indonesian nation which
originates from Pancasila and the Preamble to the 1945 Constitution of the Republic of
Indonesia.

- The sociological element illustrates that the regulations are formed to meet the needs of
society in various aspects.

- The juridical element illustrates that regulations are formed to overcome legal problems or fill
legal voids by considering existing rules, which will be changed, or which will be revoked in
order to guarantee legal certainty and a sense of public justice.

Example:. . .

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Example:

Law Number 40 of 2007 concerning Limited Liability Companies

Weigh : a. that economy national that


held unfounded on democracy
economy with the principle of togetherness, efficiency with justice,
sustainable, insightful
environment, independence, and by maintaining a balance between
progress and national economic unity, need to be supported by
economic institutions
that sturdy in order
realizing public welfare;
b. that in order more Upgrade
development economy national and
at the same time providing a solid foundation for the business world
in facing economic development
world and progress science

knowledge and technology in the era of globalization in the future,


need to be supported by a law that regulates the company

limited that could ensure


implementation climate world effort that
conducive;
c. that a limited liability company as one of the pillars of national
economic development needs to be provided with a legal basis to
further spur national development which is structured as a joint effort
based on the principle of kinship; that Law Number 1 of 1995
concerning Limited Liability Companies is deemed no longer in
d. accordance with legal developments and the needs of the community
so that it needs to be replaced by a new law; that based on the
considerations as referred to in letter a, letter b, letter c, and letter d,
it is necessary to establish a Law on Limited Liability Companies;

e.

Example:. . .

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Example:

Provincial Regulation of the Special Capital Region of Jakarta Number 4 of 2009 concerning
Regional Health Systems

Considering: a. that the degree of public health is increasingly


high is a strategic investment in human resources to make it more
productive from time to time;

b. that in order to increase the degree of public health, it is necessary to


carry out health development
with boundaries role, function,

clear, accountable, fair, equitable, quality, effective and efficient


responsibilities and authorities;

c. that in order to provide direction, foundation and legal certainty to all


parties involved in health development, it is necessary to regulate it

about order administration


health development;

20. The principle of thought that only states that the Legislation is deemed necessary to be formed is
inaccurate because it does not reflect the considerations and reasons for the formation of the
Laws and Regulations. See also Number 24.

21. If the preamble contains more than one main thought, each main thought is formulated in a series of
sentences which constitute a unity of understanding.

22. Each point of thought begins with the letter of the alphabet, and is formulated in one sentence that
begins with the word that and ends with a semicolon punctuation.

Example:. . .

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Example:

Considering: a. that…;
b. that ...;
c. that ...;
d. that…;

23. If the preamble contains more than one consideration, the formulation of the last point of
consideration reads as follows:

Example 1: Legal considerations

Considering: a. that…;
b. that ...;
c. that…;
d. that based on the considerations as referred to in letter a, letter b, and letter
c, it is necessary to form a Law concerning ...;

Example 2: Consideration of Provincial Regulation Considering: a.


that…;
b. that…;
c. that ...;
d. that based on consideration as is
referred to in letter a, letter b, and letter c, it is necessary to stipulate a
Regional Regulation concerning ...;

24. Considerations Regulations Government enough load one


a consideration which contains a brief description of the need to implement the provisions of an
article or several articles of the Law which order the formation of said Government Regulation by
pointing out the article or several articles of the Law which order its formation. See also Number

19.

Example:. . .

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Example:

Government Regulation Number 32 Year 2011 concerning Management and Engineering, Impact
Analysis, and Traffic Demand Management.

Considering: that to optimize network usage


roads and traffic movements in the framework of ensuring security, safety,
order and smoothness of traffic
cross and transport Street, and to
implement the provisions of Article 93, Article 101, Article 102 paragraph (3),
Article 133 paragraph (5) and Article 136 paragraph (3) of Law Number 22 Year
2009 concerning Traffic
and Transport Street, need set
Regulations Government about Management and
Manipulation, Analysis Impact, and Management
Traffic Needs;

25. It is sufficient for the consideration of a Presidential Regulation to contain one consideration which
contains a brief description of the need to implement the provisions of an article or several articles
of a Law or Government Regulation which orders the formation of the Presidential Regulation by
pointing to the article or several articles of the Law or Government Regulation ordering its
formation.

Example:

Presidential Regulation Number 28 of 2011 concerning Use of Protected Forest Areas for
Underground Mining.

Considering: that in order to implement the provisions of Article 5 paragraph (2)


Government Regulation Number 24 of 2010 concerning Use
Area Forest, need set
Presidential Regulation on Use of Protected Forest Areas for Underground
Mining;

26. Considerations. . .

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26. The preamble to the Presidential Regulation for exercising governmental power contains
philosophical, sociological and juridical elements which are the considerations and reasons for the
formation of the Presidential Regulation.

27. It is sufficient for the consideration of a regional regulation to contain one consideration that
contains a brief description of the need to implement the provisions of an article or several articles
of a law or government regulation that orders the formation of said regional regulation by pointing
to an article or several articles of a law or government regulation that orders its formation.

Example:

West Bangka Regency Regulation Number 8 of 2010 concerning City Forests

Considering: that in order to implement the provisions of Article 2


Government Regulation Number 63 of 2002 concerning City Forests
needs to establish a Regional Regulation concerning City Forests;

B.4. Legal basis

28. The legal basis begins with the word Remember. The legal basis
includes:
a. Basic authority formation Regulations Legislation-
invitation; and
b. Regulations Legislation that instruct
the formation of Legislation.

29. The legal basis for the formation of laws originating from the DPR is Article 20 and Article 21 of the
1945 Constitution of the Republic of Indonesia.

30. Basic the law of the formation of Law that comes from
The President is Article 5 paragraph (1) and Article 20 of the 1945 Constitution of the Republic of
Indonesia.
31. Basic. . .
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31. The legal basis for the formation of the Law originating from the DPR on the proposal of the DPD is
Article 20 and Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

32. If the 1945 Constitution of the Republic of Indonesia directs the formation of a law, the article that
orders shall be included in the legal basis.

Example:

In view of: Article 15, Article 20, and Article 21 of the Constitution
The Republic of Indonesia in 1945;

An example of this can be found in Law Number 20 of 2009 concerning Titles, Signs of Service,
and Signs of Honor.

33. If the material stipulated in the Law to be established constitutes an elaboration of an article or
several articles of the 1945 Constitution of the Republic of Indonesia, that article shall be stated
as the legal basis.

Example 1 (Bill originating from the DPR):


In view of: Article 20, Article 21, Article 28C paragraph (1), Article 28H paragraph (1),

paragraph (2), paragraph (4), Article 33 paragraph (3), Article 34 paragraph (1),

paragraph (2), and paragraph (3) of the 1945 Constitution of the Republic of Indonesia;

An example is found in Law Number 1 of 2011 concerning Housing and Settlement Areas.

Example 2 (Bill originating from the President):


In view of: Article 5 paragraph (1), Article 20, Article 26 paragraph (2), and Article
28E paragraph (1) of the 1945 Constitution of the Republic of Indonesia;

An example is found in Law Number 6 of 2011 concerning Immigration.

34. Basic. . .

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34. The legal basis for the formation of a Government Regulation in Lieu of a Law is Article 22 paragraph
(1) of the 1945 Constitution of the Republic of Indonesia.

35. The legal basis for the formation of Law on the Establishment of Government Regulations in Lieu of
Law into Laws is Article 5 paragraph (1), Article 20, and Article 22 paragraph (2) of the 1945
Constitution of the Republic of Indonesia.

36. The legal basis for the formation of Law on the Revocation of Government Regulations in Lieu of
Law is Article 5 paragraph (1), Article 20, and Article 22 paragraph (3) of the 1945 Constitution of
the Republic of Indonesia.

37. The legal basis for the formation of Government Regulations is Article 5 paragraph (2) of the Basic
Law of the Republic of Indonesia Year
1945.

38. The legal basis for the formation of the Presidential Regulation is Article 4 paragraph (1) of the Basic
Law of the Republic of Indonesia Year
1945.

39. The legal basis for the formation of Regional Regulations is Article 18 paragraph (6) of the Basic Law
of the Republic of Indonesia Year
1945, Law on Regional Formation and Law on Regional Government.

40. If there are statutory regulations under the 1945 Constitution of the Republic of Indonesia which
mandates
in a manner live formation Regulations

The laws and regulations are contained in the legal basis.

Example:

In view of: 1. Article 5 paragraph (2) of the Basic Law of the State
The Republic of Indonesia in 1945;

2. Law. . .

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2. Law Number 14 Year 2008 on


Public Information Disclosure (State Gazette of the Republic
Indonesia Year 2008 Number 61,
Supplement to the State Gazette of the Republic of Indonesia Number 4846);

An example of this is in Government Regulation Number 61 of 2010 concerning Implementation of


Law Number 14 of 2008 concerning Public Information Openness.

41. Legislation which is used as a legal basis is only the Legislations which have the same level or
higher.

42. Legislation that will be repealed by the Legislation to be established, Legislation that has been
promulgated but not yet officially valid, is not included in the legal basis.

43. If there are more than one statutory basis, the order of inclusion needs to pay attention to the order
of the statutory regulations and if the levels are the same, it is arranged chronologically based on
the time of their promulgation or enactment.

44. The legal basis is taken from an article or several articles in the 1945 Constitution of the Republic of
Indonesia written by mentioning an article or several articles. Phrases of the 1945 Constitution of
the Republic of Indonesia are written after the mention of the last article and the two letters u written
in capital letters.

Example:

In view of: Article 5 paragraph (1) and Article 20 of the Basic Law
The Republic of Indonesia in 1945;

45. Basic. . .

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45. A legal basis that is not the 1945 Constitution of the Republic of Indonesia does not need to include
articles, but it is sufficient to include the type and name of statutory regulations without including
the phrase Republic of Indonesia.

46. Writing the types of Legislation and the draft of the Legislation, starting with a capital letter.

Example : Constitution, Regulations Government, Regulations

President, Provincial Regulation and Regulations


Regency / City area.
Design Constitution, Design Regulations

Government, Draft Presidential Regulations, Draft Provincial Regulations and


Draft District / City Regulations.

47. The writing of Laws and Government Regulations, on the basis of the law, is accompanied by the
inclusion of the State Gazette of the Republic of Indonesia and the Supplement to the State
Gazette of the Republic of Indonesia placed between punctuation of brackets.

Example:
In view of: 1.…;
2. Law Number 6 Year 2011 concerning Immigration (State Gazette of the
Republic of Indonesia Year 2011 Number 52, Supplement to the State
Gazette of the Republic of Indonesia Number 5216);

48. Writing Presidential Regulations concerning the ratification of international treaties and Presidential
Regulations concerning statements of danger
in the legal basis, it is accompanied by an inclusion
The State Gazette of the Republic of Indonesia and the Supplement to the State Gazette of the
Republic of Indonesia placed between punctuation brackets.

49. Writing. . .

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49. The writing of Regional Regulations on a legal basis is complemented by the inclusion of the
Provincial, Regency / City Gazette and the Provincial, Regency / City Regional Gazette that are
placed between the punctuation of brackets.

Example:

Aceh Jaya Regency Qanun Number 3 of 2010 concerning the Composition and Organization and
Work Procedure of the Regional Apparatus of the Aceh Jaya Regency (Aceh Jaya Regency
Regional Gazette of 2010 Number 3, Supplement to the Aceh Jaya Regency Regional Gazette
Number 2)

50. The legal basis derived from the Legislation of the Dutch East Indies era or issued by the Dutch
Colonial Government up to December 27, 1949, the translation was written first in Indonesian and
then the original Dutch title and accompanied by the year and number.

Staatsblad italicized between the punctuation brackets.

Example:
In view of: 1. ...;
2. The Code of Trade Law ( Wetboek van Koophandel, Staatsblad 1847: 23);

51. The method of writing as referred to in the number also applies to the revocation of statutory
regulations originating from the Dutch East Indies era or those issued by the Dutch Colonial
Government until 27 December 1949.

52. If the legal basis contains more than one statutory regulation, each legal basis begins with the Arabic
numerals 1, 2, 3, and so on, and ends with a semicolon.

Example:
In view of: 1.…;
2.…;
3.…;
B.5. Dictum. . .

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B.5. Dictum

53. The dictum consists of:


a. said Resolve;
b. word Establish; and
c. type and name of the Legislation.

54. The word to decide is written entirely in capital letters without spaces between the syllables and ends
with a colon punctuation mark and is placed in the middle of the margin.

55. In the Law, before the word Decides, a phrase with the Joint Approval of THE HOUSE OF
REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and THE PRESIDENT OF THE
REPUBLIC OF INDONESIA is written in the middle of the margin.

Examples of Laws:

With Mutual Agreement


HOUSE OF REPRESENTATIVE OF INDONESIA REPUBLIC
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDING:

56. In the Regional Regulation, before the word Decides, a phrase with the Joint Approval of the
REGIONAL REPRESENTATIVE COUNCILS… (name of area) and GOVERNOR / REGENT /
MAYOR… (name of area) is written all in capital letters and placed in the middle of the margin.

Example:. . .

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Example:

Local regulation

With Mutual Agreement


THE HOUSE OF REPRESENTATIVES FOR THE REGION OF WEST JAVA

and
GOVERNOR OF WEST JAVA

DECIDING:

57. The word Determine is included after the word Decide which is aligned downward with the word
Consider and Remember. The first letter of the word Define is written in capital letters and ends
with a colon punctuation mark.

58. Types and names listed in the title of Legislation are included again after the word Stipulate without
the phrase Republic of Indonesia, and written entirely in capital letters and ending with a full
punctuation mark.

Example:

DECIDING:

Set: CONSTITUTION ABOUT CONSIDERATION

FINANCE BETWEEN CENTRAL AND LOCAL GOVERNMENTS.

59. The types and names listed in the title of the Regional Regulation shall be listed again after the word
stipulate without the phrase Province, Regency / City, and are written entirely in capital letters and
end with a full punctuation mark.

Example:. . .

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Example:

DECIDING:

To stipulate: REGIONAL REGULATION CONCERNING RETRIBUTION PERMITS

TO BUILD A BUILDING.

60. The opening of central level statutory regulations that are lower in level than laws, including
Government Regulations, Presidential Regulations, House of Representatives Regulations,
People's Consultative Assembly Regulations, Regional Representative Council Regulations, Bank
Indonesia Regulations, Ministerial Regulations, and official regulations at the same level, mutatis
mutandis shall be guided by the preamble of the Law.

C. THE STEM OF THE BODY

61. The body of the Legislation contains all the material contained in the Legislation formulated in an
article or several articles.

62. In general, the cargo material in the torso is grouped into:

a. general requirements;
b. the subject matter which is regulated;

c. criminal provisions (if required);


d. transitional provisions (if required); and
e. closing.

63. Classification of content material is formulated completely in accordance with the similarity of the
material in question and if there is a content material that is required but cannot be grouped within
the scope of the existing regulation, the material is contained in the miscellaneous provisions
chapter.

64. Substance. . .

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64. The substance in the form of administrative sanctions or civil sanctions for violation of these norms is
formulated into one part (article) with the norms that provide administrative sanctions or civil
sanctions.

65. If the norm that provides administrative or civil sanctions contains more than one article, the
administrative sanction or civil sanction is formulated in the last article of the said section (article).
Thus, it does not formulate sanctions provisions which simultaneously contain criminal sanctions,
civil sanctions, and administrative sanctions in one chapter.

66. Administrative sanctions may take the form of, among others, license revocation, dissolution,
supervision, dismissal while, fine
administrative, or political coercion. Civil sanctions can take the form of, among other things,
compensation.

67. The classification of the contents of the Legislation can be systematically arranged in books,
chapters, sections and paragraphs.

68. If the Legislation has material content which is very broad in scope and has many articles, the
articles or articles can be grouped into: books (if they are codified), chapters, sections and
paragraphs.

69. Classification of content in books, chapters, sections and paragraphs is done on the basis of the
similarity of the material.

70. The order of grouping is as follows:


a. chapter by chapter or chapters without sections and paragraphs;
b. chapter by section and chapter or chapter without paragraph; or

c. chapters by sections and paragraphs containing the chapter or chapters.

71. Books. . .

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71. Books are numbered with level numbers and titles which are written entirely in capital letters.

Example:

BOOK THIRD
ASSEMBLY

72. Chapters are numbered in Roman numerals and the chapter titles are written entirely in capital
letters.

Example:

PIG
GENERAL REQUIREMENTS

73. Sections are given serial numbers with level numbers written in letters and given a title.

74. The initial letter of the part word, the number sequence, and each word in the section title are written in capital

letters, except for the initial letter of the particle which is not located at the beginning of the phrase.

Example:

Part One
Composition and Position

75. Paragraphs are numbered in Arabic numerals and given a title.

76. The initial letter of the word paragraph and each word in the paragraph title is written in capital letters,
except for the beginning of the particle which is not located at the beginning of the phrase.

Example:

Paragraph 1

Chairperson, Deputy Chairperson, and Judge

77. Article. . .

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77. Article is a unit of rules in the Laws and Regulations which contains one norm and is formulated in
one sentence which is compiled briefly, clearly, and straightforwardly.

78. Material payload Regulations Legislation more good

It is formulated in many short and clear articles rather than into several articles, each of which
contains many paragraphs, unless the content material which is the content of the article is an
inseparable series.

79. Articles are numbered in Arabic numerals and the first letter of the article is written in capital letters.

Example:

Article 3

80. The initial letter of the article word used as a reference is written in capital letters.

Example:

Art 34
The provisions as referred to in Article 20 and Article 26 do not negate the obligation to pay
compensation as referred to in Article 33.

81. Articles can be broken down into several paragraphs.

82. Verses are numbered with Arabic numerals between the punctuation of brackets without a period
ending in them.

83. One paragraph should only contain one norm which is formulated in one whole sentence.

84. Letters. . .

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84. The initial letter of the verse that is used as a reference is written in small letters.

Example:

Article 8
(1) One request for registration of a mark can only be submitted for
1 (one) class of goods.
(2) Request for registration of a mark as referred to in paragraph
(1) mentioning the types of goods or services included in the class concerned.

85. If an article or paragraph contains detailed elements, in addition to being formulated in a detailed
sentence, it can also be formulated in tabulated form.

Example:

Article 28
The Indonesian language must be used in official speeches of the President, Vice President, and
other state officials delivered at home or abroad.

The contents of the article can be more easily understood if it is formulated as follows:

Examples of tabulated formulas:

Article 28
Indonesian language must be used in official speeches:
a. President;
b. Vice President; and
c. other state officials,
delivered at home or abroad.

86. Writing. . .

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86. The writing of numbers in chapters or verses other than using Arabic numerals is followed by words
or phrases written between brackets.

87.If formulating an article or paragraph in the form of paying attention to the following tabulation,

provisions:

a. each detail should be read as a series of opening phrases; unity

b. each detail uses lowercase letters and is given a period punctuation mark;

c. each phrase in detail is preceded by lowercase; each detail ends with a

d. semicolon;

e. if a detail is further divided into smaller elements, the element is written in;

f. behind the details which still have further details are punctuated with a colon;

g. the division of details (in descending order) is written in lowercase letters followed by a
period punctuation; Arabic numerals followed by a period punctuation; small alphabet with
closing brackets punctuation; Arabic numerals with closed brackets; and

h. the distribution of details does not exceed 4 (four) levels. If the details exceed 4 (four) levels,
the relevant article is divided into other articles or paragraphs.

88. If the item or detail in the tabulation is intended to be a cumulative breakdown, the word and the one
after the second to last detail is added.

89. If the detail in the tabulation is intended as an alternative detail, please add the word or put behind
the second detail of the last detail.

90. If the details in the tabulation are intended as cumulative and alternative breakdowns, words and / or
items are added after the second to last detail.

91. Word. . .
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91. The word and, or, and / or need not be repeated at the end of each element or detail.

92. Each detail is marked with letter a, letter b, and so on.

Example:

Article 9
(1) ....
(2) ...:
a. …;
b. …; (and, or, and / or)
c. ….

93. If a detail requires further detail, it is indicated by the Arabic numerals 1, 2, and so on.

Example:

Article 9
(1)….
(2)…:
a. …;
b. …; (and, or, and / or)
c. …:
1. ...;
2.…; (and, or, and / or)
3.….

94. If a further detail requires a detailed breakdown, it is marked with letters a), b), and so on.

Example:

Article 9
(1)….
(2)….
a. …;
b. …; (and, or, and / or)
c. ...:. . .
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c. …:
1.…;
2.…; (and, or, and / or)
3.…:
a)…;
b)…; (and, or, and / or)
c)….

95. If a further detail requires detailed detail, it is marked with the numbers 1), 2), and so on.

Example:

Article 9
….
(1)….
(2)…:
a. …;
b. …; (and, or, and / or)
c. …:
1.…;
2.…; (and, or, and / or)
3.…:
a)…;
b)…; (and, or, and / or)
c)….
1)…;
2)…; (and, or, and / or)
3)….

C.1. General requirements

96. The general provisions are laid out in chapter one. If in the laws and regulations there is no grouping
of chapters, the general provisions are put in the initial article or several articles.

Example:. . .

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Example:

PIG
GENERAL REQUIREMENTS

97. General provisions can contain more than one article.

98. The general provisions contain:

a. definition or definition limits;


b. abbreviations or acronyms set forth within the definition or definition; and / or

c. other things of a general nature that apply to the following article or several articles
among others, the provisions
reflects the principles, aims and objectives without being specifically formulated in articles or
chapters.

Examples of definition limits:


1. Minister is minister that organize affairs
government in finance.
2. Regional Government is the Regent and regional apparatus as an element of administering the
Mimika Regency Regional Government.

Examples of definitions:

1. Spatial is the spatial aspect of an object or event which includes its location, location and
position.

2. Regional Tax, hereinafter referred to as tax, is an obligatory contribution to the Region that is
owed by an individual or entity of a coercive nature based on a law, without receiving direct
compensation and used for regional needs for the greatest prosperity of the people.

Example. . .

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Examples of abbreviations:

1. Supreme Audit Agency, hereinafter abbreviated as BPK, is a state institution in charge of


examining the management and accountability of state finances as referred to in the
Constitution of the Republic of Indonesia Year

1945.
2. Government Internal Control System, hereinafter abbreviated
SPIP is system control internal that
held comprehensively on the process of designing and implementing policies as well as
planning, budgeting, and implementation within the Dumai City Government.

Examples of acronyms:

1. Health Insurance, hereinafter referred to as Askes, is ...


2. People living with HIV / AIDS, hereinafter referred to as PLWHA, are people who have been
infected with HIV either at the stage where there are no symptoms or who already have
symptoms.

99. The opening phrase in the general provisions of the law reads:

In this Law what is meant by:

100. Opening phrases in the general provisions of statutory regulations under the Law are adjusted to
the type of regulation.

101. If the general provisions contain more than one definition or definition, abbreviation or acronym,
then each description is numbered in Arabic numerals and begins with a capital letter and ends
with a period punctuation.

102. Words or terms contained in the general provisions are only words or terms that are used
repeatedly in the next article or several articles.

103. If. . .

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103. If the formulation of the definition of a statutory regulation is reformulated in the statutory regulations
that will be established, the formulation of that definition
must be the same as
the formulation of definitions in the prevailing laws and regulations.

104. The formulation of the definition of a statutory regulation can be different from the formulation of
other laws and regulations because it is adjusted to the needs related to the content to be
regulated.

Example 1:
a. Days are calendar days (this formula is contained in Law Number 40 of 2007 concerning
Limited Liability Companies).
b. Day is a working day (this formula is contained in Law Number 27 of 2009 concerning the
People's Consultative Assembly, the People's Representative Council, the Regional
Representative Council, and the Regional People's Representative Council).

Example 2:
a. Each person is an individual or business entity, both legal and non-legal (this formula is
contained in Law Number 32 of 2009 concerning Environmental Protection and
Management). Each person is an individual or legal entity (Law Number 1 of 2011
concerning Housing and Settlement Areas).
b.

105. If a word or term is used only once, but that word or term needs its meaning for a particular chapter,
section or paragraph, that word or term is defined.

106. If a definition or definition needs to be recited in the general provisions of an implementing


regulation, then the definition of the definition or definition in the implementing regulation must be
the same as the definition or definition limitation contained in the higher regulation being
implemented.

107. Because. . .

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107. Since the definition or definition, abbreviation, or acronym serves to explain the meaning of a word
or term, the definition or definition, abbreviation, or acronym definition does not need to be
explained, and therefore it must be formulated completely and clearly so as not to create a double
meaning.

108. The writing of the initial letter of each word or term that has been defined or defined in general
terms is written in capital letters whether used in regulated norms, explanations or in attachments.

109. The order of placement of words or terms in general terms follows the following conditions:

a. the understanding governing the general scope is placed before the special scope;

b. the meaning which is earlier in the subject matter which is regulated shall be placed in the
preceding order; and
c. The meaning which is related to the above is placed sequentially close together.

C.2. Subjects Regulated

110. The subject matter which is regulated shall be placed directly after the general provisions chapter, and if

there is no grouping of chapters, the subject matter which is regulated shall be placed after the article or

several articles of the general provisions.

111. The division of the main material into smaller groups was carried out according to the criteria on
which the distribution was based.

Example:

a. distribution based on protected rights or interests, such as the distribution in the Criminal Code:

1. a crime against state security;


2. crimes against the dignity of the President;
3. crimes against friendly countries and their representatives;

4. crime. . .

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4. crimes against the obligations and rights of the state;


5. crimes against public order and so on.

b. division based on sequence / chronology, such as division in criminal procedural law, starting
from investigation, investigation, prosecution, and examination in the first instance of court,
appeal level, cassation level, and reconsideration.

c. division based on the order of position, such as Attorney General, Deputy Attorney General,
and Junior Attorney General.

C.3. Criminal Provisions (if needed)

112. Criminal provisions contain a formulation stating the imposition of a criminal offense against
provisions containing norms of prohibition or norms of orders.

113. In formulating criminal provisions, it is necessary to pay attention to the general principles of
criminal provisions contained in Book One of the Criminal Code, because the provisions in Book
One also apply to acts which are punishable under other statutory regulations, unless the Law
stipulates. others (Article 103 of the Criminal Code).

114. In determining the duration of the sentence or the number of fines, it is necessary to consider the
impact that the crime may have on society as well as the elements of the perpetrator's guilt.

115. Criminal provisions are placed in a separate chapter, namely the criminal provisions chapter which
is located after the subject matter regulated or before the chapter on transitional provisions. If the
transitional provisions chapter does not exist, it is located before the closing provisions chapter.

116. If. . .

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116. If in the Legislation there is no chapter by chapter grouping, the criminal provisions are placed in the
article that lies directly before the article or several articles which contain transitional provisions. If
there is no article containing transitional provisions, the criminal provisions are placed before the
article or several articles that contain the closing provisions.

117. Criminal provisions are contained only in laws, provincial regulations and district / city regulations.

118. The formulation of criminal provisions must explicitly state the prohibited norms or norms of orders
that are violated and state the article or several articles that contain these norms. Thus, it is
necessary to avoid:

a. reference to the criminal provisions of the Laws and Regulations


another invitation. See also Number 98;

Example:

Aceh Jaya Regency Qanun Number 2 of 2010 concerning the Implementation of Population
Administration

Art 73
Criminal acts in the field of Population Administration committed by residents, officers and
legal entities are punishable by criminal penalties as provided for in the Law.

Number 23 Year 2006 about Administration


Population.

b. reference to the Criminal Code, if


the elements or elements of the referenced norms are not the same; or

c. compilation of its own formulation that is different or not contained in


in the norms regulated in the previous article or several articles, except for the law regarding
special criminal acts.

119. If. . .

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119. If the criminal provisions apply to anyone, the subject of the criminal provisions is formulated with
the phrase everyone.

Example:

Art 81
Any person who deliberately and without rights uses the same mark in its entirety as the
registered mark of another person or other legal entity for similar goods or services produced and
or traded, as referred to in Article 20, shall be sentenced to imprisonment of a maximum of 7
(seven). ) years and a maximum fine of Rp. 100,000.00 (one hundred thousand rupiah).

120. If the criminal provisions only apply to certain subjects, the subject is clearly defined, for example,
foreigners, civil servants, witnesses.

Example 1:

Law Number 35 of 2009 concerning Narcotics

Article 143
Witnesses who testify incorrectly in the investigation of a Narcotics and Narcotics Precursor case
before a court session, will be sentenced to imprisonment for a minimum of 1 (one) year and a
maximum of 10 (ten) years and a fine of at least Rp. 60,000,000.00 ( sixty million rupiah) and a
maximum of Rp. 600,000,000.00 (six hundred million rupiah).

Example 2:

Regional Regulation of Sawahlunto City Number 9 of 2009 concerning Entertainment Tax

Taxpayers who deliberately do not submit SPTPD or fill in incorrect or incomplete information or
attach incorrect information as referred to in Article 10 so that they are detrimental to regional
finances can be punished with imprisonment of 3 (three) months and / or a maximum fine of 4
(four) times the amount of tax due.

121. In connection. . .
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121. In connection with the distinction between criminal acts and criminal offenses in the Criminal Code,
the formulation of criminal provisions must clearly state the qualifications of the act which is
punishable by the crime as a violation or crime.

Example:

CHAPTER V

CRIMINAL PROVISIONS

Article 33
(1) Anyone who violates the provisions as intended
in Article…, shall be punished with a maximum imprisonment… or a maximum fine of Rp…,
00
(2) The criminal act as referred to in paragraph (1) is
offense.

122. The formulation of the criminal provisions must expressly state that the criminal qualifications
imposed are cumulative, alternative, or alternative cumulative.

a. Cumulative properties:

Example:

Anyone who deliberately broadcasts sadism, pornography, and / or gambling in nature as


referred to in Article 32 paragraph (7) shall be punished with imprisonment for a maximum of 3
(three) years and a maximum fine of Rp.300,000,000.00. (three hundred million rupiah).

b. Alternative properties:

Example:

Anyone who deliberately conducts broadcasting without a permit as referred to in Article 17


paragraph (1) shall be punished with imprisonment of up to 8 (eight) years or a maximum fine
of Rp. 800,000,000.00 (eight hundred million rupiah).

c. Character . . .

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c. Alternative cumulative properties:

Example:

Shall be sentenced to imprisonment for a minimum of 1 (one) year and a maximum of 5 (five)
years and / or a fine of at least Rp.50,000,000.00 (fifty million rupiah) and a maximum of 5
(five) years.
IDR 250,000,000.00 (two hundred and fifty million rupiahs) civil servants or state
officials who receive a gift or promise even though it is known or should be suspected that the
gift or promise was given because of the power or authority associated with his position, or
according to the mind of the person who gave the gift or the promise has something to do with
his position.

123. The formulation in the criminal provisions must clearly show the cumulative or alternative elements
of the criminal act.

124. If a statutory regulation contains criminal provisions


will enforced, provisions the penalty must be
excluded, given the general principle in Article 1 paragraph (1) of the Criminal Code which states
that criminal provisions cannot be retroactive.

Example:

This law comes into force on the date of promulgation and is retroactive from January 1, 1976,
except for its criminal provisions.

125. Criminal provisions for criminal acts which constitute a violation of economic activities may not be
regulated separately in the law concerned, but it is sufficient to refer to laws that govern economic
crimes, for example, Law Number 7 Drt. 1955 concerning Investigation, Prosecution and
Economic Crime Court.

126. Action. . .

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126. Criminal acts can be committed by individuals or by corporations. Criminal acts committed by
corporations are imposed on:

a. legal entities, including companies, associations, foundations, or cooperatives; and / or

b. giving orders to commit a criminal act or who acts as a leader in committing a criminal act.

C.4. Transitional Provisions (if required)

127. Transitional Provisions contain adjustments to existing legal arrangements or legal action
relationships based on
against the Regulations
The new legislation, which aims to:
a. avoiding a legal vacuum;
b. guarantee legal certainty;
c. provide legal protection for parties affected by changes in the provisions of the Laws and
Regulations; and
d. regulate things that are transitional or temporary in nature.

Example 1:

Law Number 25 of 2007 concerning Investment.

Art 35
International agreements, whether bilateral, regional or multilateral, in the field of investment that
have been approved by the Government of Indonesia before this Law comes into effect, will
remain in effect until the termination of the agreement.

Example 2:
Provincial Regulation of the Special Capital Region of Jakarta Number 3 of 2009 concerning
Management of Market Areas

Article 18
Permits that have been issued prior to the enactment of this Regional Regulation shall remain in
effect until the license expires.

Example. . .
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Example 3:

Kuantan Singingi Regency Regulation Number 10 of 2009 concerning Animal Health Maintenance

Art 38
Persons or Entities that already have existing animal health maintenance business licenses prior
to the enactment of this Regional Regulation shall remain in effect and within a maximum period
of 1 (one) year must comply with this Regional Regulation.

128. Transitional Provisions are contained in the Transitional Provisions Chapter and placed between
the Criminal Provisions Chapter and the Closing Provisions Chapter. If in the Legislation there is
no grouping of chapters, articles or articles containing Transitional Provisions, they are placed
before the article or several articles which contain the closing provisions.

129. The new laws and regulations may contain provisions concerning
temporary deviation or delay
while for certain legal actions or legal relationships.

Example 1:
Law Number 39 of 2008 concerning State Ministries

Article 27
Ministries that existed at the time this Law was enacted would continue to carry out their duties
until the Ministry was formed based on the provisions of this Law.

Example 2:
Bandung City Regional Regulation Number 7 of 2008 concerning Stages, Procedures for
Compilation, Control and Evaluation of the Implementation of Development Plans and Regional
Development Planning Deliberations

Art 44. . .

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Art 44
(1) ….
(2) Before the RPJMD was enacted, the preparation of the RKPD was based on the previous
RPJMD.

130. Temporary deviations from the provisions of the Laws and Regulations also apply to the provisions
which have been enforced.

131. If a statutory regulation is enforced retroactively, the regulation


Legislation the should load
provisions regarding the status of legal actions that occur, or legal relationships that exist within
the grace period between the retroactive start date and the date of enactment.

Example:

The difference in the repair allowance arising from this Government Regulation is paid no later
than 3 (three) months from the date of promulgation of this Government Regulation.

132. In view of the validity of the general principles of criminal law, the determination of retroactive force
does not apply to the Criminal Provisions.

133. Determination of retroactive power is not included in the Laws and Regulations which contain
provisions that impose a concrete burden on the public, for example the collection of taxes or
levies.

134. If the application of a provision of the Laws and Regulations is declared to be temporarily
postponed for a certain legal action or legal relationship, the provisions of the Laws and
Regulations must contain explicitly and in detail the legal action or legal relationship in question,
as well as the period or conditions for the termination of the temporary suspension .

Example:. . .

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Example:

The semi-finished rattan export permit that has been issued based on the provisions in
Government Regulation Number… Year… concerning… is still valid for a maximum period of 60
(sixty) days from the date of promulgation of this Government Regulation.

135. The formulation in the Transitional Provisions does not contain hidden changes to the provisions of
other laws and regulations. This change should be made by making new definitions in the General
Provisions of the Laws and Regulations or by making amendments to the Laws and Regulations.

Example of a formula containing covert changes:

Art 35
(1) A village or other so-called names which are at the same level as a village
those that existed at the time this Law came into effect were declared as villages according
to Article 1 letter a.

C.5. Closing

136. The Closing Provisions are placed in the last chapter. If there is no chapter grouping, the Closing
Provisions are placed in the last article or several articles.

137. In general, the Closing Provisions contain provisions regarding:


a. appointment of organs or fittings that implement the Legislation;

b. the short name of the Laws and Regulations;


c. the status of existing laws and regulations; and
d. when the Laws and Regulations come into effect.

138. Appointment. . .

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138. The appointment of organs or fittings that implement the Legislation is of an executive nature, for
example, the appointment of certain officials who are authorized to grant licenses, and appoint
employees.

139. For the name of the long Legislation, provisions regarding the short name can be contained by
taking into account the following matters:

a. the number and year of the issuance of the relevant regulation are not included;

b. Short name is not in the form of an abbreviation or acronym, unless the abbreviation or
acronym is very familiar and does not cause misunderstanding.

140. The short name does not contain a meaning that deviates from the content and name of the
regulation.

Examples of incorrect short names:


(Law on Animal, Fish and Plant Quarantine) This Law can be called the Law on Animal
Quarantine.

141. Short names of laws and regulations do not need to be given a short name.

Examples of inappropriately short names: (Law on


Central Banks)
This Act may be called the Act concerning Bank Indonesia.

142. Synonyms cannot be used for short names.

Examples of incorrect short names:


(Law on State Administrative Courts)
This law can be called the Law on State Administrative Courts.

143. If. . .
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143. If the content of the content in the new laws and regulations causes change or replacement of all or
part of the content of the content
in the Laws and Regulations
the old Laws and Regulations must expressly stipulate the revocation of all or part of the contents
of the old Legislation.

144. The formulation of the revocation of statutory regulations begins with the phrase "When… (type of
statutory regulation) comes into effect, except for the revocation which is carried out by means of
a separate revocation of laws and regulations).

145. For the sake of legal certainty, the revocation of statutory regulations is not formulated in general
but does explicitly state the revoked statutory regulations.

146. To revoke Legislation that has been promulgated and has come into effect, use the phrase revoked
and declared invalid.

Example:

Constitution Number 27 Year 2009 about Assembly

The People's Consultative Assembly, the People's Representative Council, the Regional Representative

Council, and the Regional People's Representative Council

When this Law comes into effect, Law Number 22 of 2003 concerning the Composition and
Position of the People's Consultative Assembly, the People's Representative Council, the
Regional Representative Council, and the Regional People's Representative Council (State
Gazette of the Republic of Indonesia of 2003 Number 92, Supplement to the State Gazette
Republic of Indonesia Number 4310), is revoked and declared invalid.

147. If the number of Legislations that are revoked is more than 1 (one), the method of writing is done in
detail in tabulated form.

Example:. . .

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Example:

When this Law comes into effect:


a. The Hunting Ordinance ( Jachtsordonantie 1931, Staatsblad 1931:
133);
b. Ordinance Protection The animals Wild
( Dierenbeschermingsordonantie 1931, Staatsblad 1931: 134);
c. The Java and Madura Hunting Ordinance ( Jachtsordonantie Java en Madoera 1940,
Staatsblad 1939: 733); and the Nature Protection Ordinance ( Natuurbeschermingsordonantie
d.
1941, Staatsblad 1941: 167),
revoked and declared invalid.

148. Revocation Regulations Legislation accompanied with


information regarding the legal status of the implementing regulations or decisions that have been
issued based on the revoked Legislation.

149. To repeal Legislation that has been


promulgated but has not yet come into effect, use the phrase retracted and declared invalid.

Example:

When this Law comes into effect, Law Number


. . . Year ... concerning ... (State Gazette of the Republic of Indonesia Year
. . . Number ..., Supplement to the State Gazette of the Republic of Indonesia Number

. . . ) withdrawn and declared invalid.

150. Basically, the Legislation comes into force at the time the Legislation is promulgated.

Example:

a. This Law comes into force on the date of promulgation.


b. This Ministerial Regulation comes into force on the date of promulgation.
c. This local regulation are applied at the date stated.

151. If. . .

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151. If there is a deviation from the time the Laws came into effect at the time of promulgation, this is
clearly stated in the Laws and Regulations by:

a. set a specific date when the rules will take effect;

Example:

This law came into force on 17 August 2011.

b. submit the stipulation when it comes into effect to other Legislation of the same level,
if that
the codification is enforced, or to other laws and regulations which are lower if it is not codified;

Example:

When this Law comes into effect, it will be stipulated by a Presidential Regulation.

c. by determining the expiration of a certain grace period from the time of the Invitation
or determination. So that not raises
misinterpretation of using the phrase after ... (grace period) from the date of promulgation.

Example:

This Law comes into force after 1 (one) year from the date of promulgation.

152. Do not use the phrase ... becomes effective on the date ... or the like, because this phrase creates
uncertainty about the time a Regulation comes into effect, namely when it is promulgated or when
it becomes effective.

153. At. . .

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153. Basically when the Laws and Regulations come into effect are the same for all parts of the
Legislation and the entire territory of the Republic of Indonesia or the entire territory of Provinces,
Regencies / Cities for Provincial Regulations, Regency / City Regulations.

154. Deviations from the time when the Laws and Regulations come into effect are clearly stated by:

a. stipulating different provisions in the Laws and Regulations when they come into effect;

Example:

Art 45
(1) The provisions referred to in Article 8 paragraph (1), paragraph
(2), paragraph (3), and paragraph (4) come into force on….

b. specifies a different time of entry for certain regions of the country.

Example:

Art 40
(1) The provisions referred to in Article 15 paragraph (1)
comes into force for Java and Madura on….

155. Basically, the entry into force of Legislation cannot be determined earlier than the time of its
promulgation.

156. If there is a strong reason for the enactment of the Regulations earlier than the time of their
promulgation (retroactive), pay attention to the following:

a. new provisions relating to criminal matters, both types,


weight, character, as well as classification, not come along

ordered;
b. details regarding the effect of the retroactive provisions on legal actions, legal relationships,
and certain existing legal consequences, are contained in the transitional provisions;

c. early. . .
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c. the beginning of the time when the Legislation comes into effect is not earlier than when the
draft of the Legislation began to be known by the public, for example, when the draft of the
Legislation is listed in the Prolegnas, Prolegda, and the planning of other draft laws and
regulations.

157. When the Laws and Regulations come into effect, their implementation may not be stipulated
earlier than when the underlying Laws and Regulations came into effect.

158. Legislation can only be revoked by Legislation of the same level or higher.

159. Revocation of statutory regulations with statutory regulations of a higher level is carried out, if

Regulations Legislation that more high that

intended to accommodate all or part of the contents of the revoked lower Laws and Regulations.

D. CLOSING

160. Closing is the final part of the Laws and Regulations which contains:

a. formulation of the order for the promulgation and placement of the Legislation
in Sheet Country Republic
Indonesia, State Gazette of the Republic of Indonesia, Provincial Gazette,
Regency / City Regional Gazette, Regional News
Provincial or Regency / City Regional News; the signing
b. endorsement or determination Regulations

Legislation;
c. the promulgation or stipulation of laws and regulations; and

d. the end. . .

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d. end of the closing section.

161. The formulation of the order for promulgation and placement of Legislation in the State Gazette of
the Republic of Indonesia which reads as follows:

Example:

For public cognizance, it is ordered the promulgation of… (types of Laws and Regulations) by
placing it in the State Gazette of the Republic of Indonesia.

162. The formulation of the order for promulgation and placement of Legislation in the State Gazette of
the Republic of Indonesia which reads as follows:

Example:

For public cognizance, it is ordered the promulgation of… (types of Laws and Regulations) by
placing it in the State Gazette of the Republic of Indonesia.

163. The formulation of the order for promulgation and placement of Legislation in the Regional Gazette
or the Regional Gazette which reads as follows:

Examples of Provincial Regulations:


For public cognizance, this Regional Regulation is promulgated by placing it in the Regional
Gazette of the Province of West Sumatra.

164. Signing the ratification or enactment of the Laws and Regulations contains:

a. place and date of ratification or stipulation;


b. title of position;
c. official signature; and
d. full name of the signing official, without title, rank, class, and employee identification number.

165. Formulas. . .

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165. The formulation of the place and date of ratification or determination shall be placed on the right.

166. Name of position and name of official is written in capital letters. At the end of the position name is
punctuated with a comma.

a. for validation:
Example:

Legalized in Jakarta
on July 22, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature
SUSILO BAMBANG YUDHOYONO
b. for determination:
Example:

Set in Jakarta
on July 22, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature
SUSILO BAMBANG YUDHOYONO

167. The Enactment of Laws and Regulations contains:


a. place and date of the Invitation;
b. name of position which is authorized to promulgate;
c. signature; and
d. full name of the signing official, without title, rank, class, and employee identification number.

168. Place of date of promulgation of Legislation is placed on the left (under the signing of ratification or
stipulation).

169. Name. . .

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169. Name of position and name of official is written in capital letters. At the end of the position name is
punctuated with a comma.

Example:

Promulgated in Jakarta
on July 22, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

signature
PATRIALIS AKBAR

170. If within 30 (thirty) days the President does not sign the Draft Law which has been jointly approved
by the DPR and the President, a sentence of endorsement shall be attached after the name of the
official promulgating which reads: This Law is declared valid based on the provisions of Article 20
paragraph (5) of the 1945 Constitution of the Republic of Indonesia.

171. If within 30 (thirty) days the Governor or the Regent / Mayor does not sign the Draft Regional
Regulation which has been jointly approved by the DPRD and the Governor or Regent / Mayor, a
sentence of endorsement shall be attached after the name of the official promulgating it which
reads: Regional Regulation. this is declared valid.

172. At the end of the closing section, the State Gazette of the Republic of Indonesia, the State Gazette of the

Republic of Indonesia, is attached. Regional Gazette


Province, Regency / City Gazette, Provincial Gazette or Regency / City Regional Gazette along
with the year and number from the State Gazette of the Republic of Indonesia, the State Gazette
of the Republic of Indonesia,
Provincial Gazette, Regional Gazette
Regency / City, Provincial Regional Gazette or Regency / City Regional News.

173. Writing. . .

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173. Writing the phrase, the State Gazette of the Republic of Indonesia or the Regional Gazette is
written entirely in capital letters.

Example:

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR ... NUMBER ...

Example:

PROVINCE REGIONAL SHEET (KABUPATEN / KOTA) ... YEAR ... NUMBER ...

E. EXPLANATION

174. Each Law, Provincial Regulation and Regency / City Regulation is provided with an explanation.

175. Legislation under the Law (other than Provincial and Regency / City Regional Regulations) can be
provided with explanations if needed.

176. Explanation functions as the official interpretation of the legislators on certain norms in the body.
Therefore, the explanation only contains descriptions of foreign words, phrases, sentences or
equivalent words / terms in the norm which can be accompanied by

with example. Explanation as means to


clarifying the norms in the body must not result in the occurrence of obscurity from the norms in
question.

177. Explanations cannot be used as a legal basis for making further regulations and may not include
formulations containing norms.

178. The explanation does not use a formula which contains hidden changes to the provisions of the
Laws and Regulations.

179. Manuscript. . .

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179. Explanatory text is prepared together with the preparation of drafts of Legislation.

180. The title of explanation is the same as the title of the Laws and Regulations which begins with the
explanatory phrase above which is written in capital letters.

Example:

EXPLANATION

ON
LAWS OF THE REPUBLIC INDONESIA
NUMBER 3 OF 2011
ABOUT
TRANSFER OF FUNDS

181. Elucidation of Legislation contains general explanation and explanation of article by article.

182. Detailed general explanations and chapter by chapter explanations begin with Roman numerals
and are written in capital letters.

Example:

I. GENERAL

II. ARTICLE BY ARTICLE

183. General explanation contains a systematic description of the background of thought,


the purpose and objective of preparing the Regulations

Legislation that has been briefly stated in the preamble points, as well as the principles,
objectives, or main material contained in the body of the Legislation.

184. Parts of the general description can be numbered in Arabic numerals, if this provides more clarity.

Example:. . .

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Example:

I. GENERAL

1. Rationale
...

2. Division of Territories

3. Government Administrators Principles

4. Autonomous Region


5. Administrative Region

6. Supervision

185. If the general explanation contains references to other laws and regulations or other documents,
the reference is accompanied by a description of the source.

186. The formulation of the article by article explanation takes into account the following matters:

a. does not conflict with the main material regulated in the body;

b. does not expand, narrow or add to the meaning of norms in the body;

c. does not perform repetition of the main material regulated in the body;

d. does not repeat descriptions of words, terms, phrases, or meanings that have been
contained in the general provisions; and / or
e. does not contain delegation formulas

187. General provisions containing definitions or definitions of words or terms do not need to be
explained.

188. On. . .

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188. In chapters or verses that do not require explanation, self-explanatory phrases that end with a full
punctuation mark (.) And the letter c are written in capital letters.
Article by article explanation is not
combined although there are several consecutive articles that do not require explanation.

Incorrect example:
Article 7, Article 8 and Article 9 (Article 7 to Article 9) Self-explanatory.

Should:
Article 7
Quite clear.
Article 8
Quite clear.
Article 9
Quite clear.

189. If an article consists of several paragraphs or items that do not require explanation, it is sufficient for
the article in question to be given a sufficiently clear explanation, without specifying each
paragraph or item.

190. If an article consists of several paragraphs or points and one of these paragraphs or items requires
explanation, each paragraph or item needs to be included and provided with an appropriate
explanation.

Example:

Article 7
Paragraph (1)

Quite clear.
Paragraph (2)

This paragraph is intended to provide legal certainty to judges and law users.

Paragraph (3)

Quite clear.
Paragraph (4). . .

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Paragraph (4)

Quite clear.

191. If a term / word / phrase in a chapter or verse requires explanation, use quotation marks (“…”) in
the term / word / phrase.

Example:

Article 25
Paragraph (1)

What is meant by "the following trial" is the period of the first session of the DPR
after the Government Regulation in Lieu of Law is enacted.

Paragraph (2)

Quite clear.
Paragraph (3)

Quite clear.
Paragraph (4)

Quite clear.

F. APPENDIX

192. In the case of Legislation requiring an attachment, it is stated in the body that the attachment is an
inseparable part of the Legislation.

193. Attachments may contain, among other things, descriptions, lists, tables, drawings, maps and sketches.

194. In the case of the Legislation requiring more than one attachment, each attachment must be
numbered using roman numerals.

Example: ANNEX I
APPENDIX II
195. Title. . .

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195. The title of the attachment is written entirely in capital letters which are placed in the upper right
corner without ending with punctuation marks with left alignment.

Example:

APPENDIX I
LAWS OF THE REPUBLIC INDONESIA
NUMBER ... YEAR ...
ABOUT
ESTABLISHMENT OF LEGISLATION REGULATIONS

196. Attachment names are written entirely in capital letters which are placed in the middle without
ending with punctuation marks.

Example:

TECHNIQUE FOR DRAWING LAWS AND REGULATIONS

197. On the end page of each attachment, the name and signature of the official who ratifies or
promulgates the Legislation must be written in capital letters which is placed in the lower right
corner and ends with a comma punctuation after the name of the official who ratifies or stipulates
the Legislation.

Example:

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

SUSILO BAMBANG YUDHOYONO

CHAPTER II . . .

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CHAPTER II

SPECIAL THINGS

A. DELEGATING AUTHORITY

198. Regulation Legislation that more high could


delegating further regulatory authority to lower laws and regulations.

199. Delegation of authority can be done from a Invite-


Invite to other laws, from Provincial Regulations to other Provincial Regulations, or
from
Regency / City Regional Regulations to other Regency / City Regulations.

Example:

Law Number 26 of 2007 concerning Spatial Planning

Article 48
(2) Further provisions regarding protection of areas
perennial land for food agriculture as referred to in paragraph (1) letter e shall be regulated
by Law.

200. Delegation of regulatory authority must clearly state:


a. the scope of the regulated cargo; and
b. types of Laws and Regulations.

201. If the content that has been delegated has been partially regulated
in in Regulations Legislation that
delegating but the content must be regulated only in the delegated Legislation and may not be
further delegated to lower Legislation (subdelegation), use the sentence further provisions
regarding… regulated by….

Example. . .

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Example 1:

Article ...
(1) ....
(2) Further provisions regarding… are regulated by Regulations
Government.

Example 2:

North Gorontalo District Regulation Number 87 of 2010 concerning Advertising Tax

Article 18
(1) ....
(2) Further provisions regarding procedures for filling and
submission of SKPD or other equivalent documents shall be regulated by a Regional Head
Regulation.

Example 3:
Regional Regulation Number 4 of 2010 concerning East Java Regional Waste Management

Article 23
(1)….
(2)….
(3) Further provisions regarding the form and procedure of participation
community as referred to in paragraph (2) shall be regulated by a Governor Regulation.

202. If the regulation of the content material is allowed to be further delegated (sub-delegation), use the
sentence further provisions regarding… regulated with or based on….

Example:

Article ...
(1)….
(2) Further provisions regarding… regulated by or
based on Government Regulation.

203. If. . .

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203. If the content being delegated has not been regulated at all in the laws and regulations that
delegate and the content of the content is not regulated at all.
it must be set inside
Legislations that are given the delegation and may not be further delegated to lower Legislation
(subdelegation), use the sentence of the provisions regarding… regulated by….

Example:

Article ...
(1)….
(2) Provisions regarding… are regulated by a Government Regulation.

204. If the regulation of the material is allowed to be further delegated (sub-delegation), the sentence
provisions regarding… regulated with or based on… are used.

Example:

Article ...
(1) ....
(2) The provisions regarding… are governed by or based on the Regulations
Government.

205. If there is some delegated content and the content is contained in several articles or paragraphs but
will be delegated in a Law and Regulations, use the sentence "Provisions regarding… regulated
in…."

Example:

Aceh Jaya Regency Qanun Population Administration 2 Year 2010 about


Implementation Number

Art 57
(1)….
(2)….
(3)….
(4) .... . .

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(4)….
(5)….
(6)….
(7) Provisions regarding the guidelines for requirements and procedures for
obtaining KIPAS as referred to in paragraph (1) shall be regulated in a Regent Regulation.

206. If there are several delegated content materials, the delegated content can be combined in 1 (one)
implementing regulation of the delegating laws and regulations, use the sentence "(types of laws
and regulations) ... regarding the implementing regulations ..."

Example: Government Regulation Number 36 of 2005 concerning


Implementing Regulations for Law Number 28 Year 2002 regarding Buildings.

207. To make it easier to determine the title of the implementing regulations to be made, the formulation
of delegation needs to include briefly but completely what will be regulated further.

Example:

Taken from Law Number 18 of 2009 concerning Animal Husbandry and Animal Health

Art 76
(1) ....
(2) ....
(3) ....
(4) ....
(5) Further provisions regarding convenience as referred to
referred to in paragraph (1) and paragraph (2) shall be regulated by or based on a
Government Regulation.

208. If. . .

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208. If an article consists of several paragraphs, the delegation of authority shall be contained in the last
paragraph of the article concerned.

209. If the article consists of several paragraphs, the delegation of authority can be considered to be
included in a separate article, because the material for delegation is fundamentally different from
what is regulated in the series of previous paragraphs.

210. In the delegation of authority, there should be no blank delegation.

Example 1:

Article ...
Matters that are not sufficiently regulated in this Law shall be further regulated by Government
Regulations.

Example 2:

Aceh Jaya Regency Qanun Number 4 of 2010 concerning Establishment


Arrangement Organization and System Work Body
Regional Disaster Management

Article 24
Matters that have not been regulated in this Qanun as long as the implementation arrangements
are regulated by a Regent Regulation.

211. Delegation of regulatory authority from law to ministers, leaders of non-ministerial government
agencies, or officials at the level of ministers is limited to regulations of a technical administrative
nature.

212. The authority delegated to an instrument of state administration cannot be further delegated to
other state administrators, unless by law that delegates the said authority, it is possible to do so.

213. Delegation. . .

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213. Delegation authority set from something Regulations

Legislation may not be delegated to the director general, general secretary, or officials of the
same level.

214. Direct delegation to a director general or an official of the same level can only be granted by laws
and regulations which have a lower level than law.

215. The implementing laws and regulations should not repeat the norms stipulated in the delegating
laws and regulations, unless it cannot be avoided.

216. The implementing regulations do not recite the formulation of norms or provisions contained in the
higher delegating laws and regulations. Re-quotation can be done as long as the formulation of
the norms or provisions is required as an introduction ( aanloop) to formulate further norms or
provisions in the next article or several articles or paragraphs or paragraphs.

B. INVESTIGATION

217. Provisions for investigations can only be contained in laws, provincial regulations or district / city
regulations.

218. Investigation provisions contain the granting of authority to investigators of civil servants of
ministries, non-ministerial government agencies, or certain agencies to investigate violations of
the provisions of laws, provincial regulations or regental / municipal regulations.

219. In formulating provisions that appoint certain officials as civil servant investigators, efforts are made
not to reduce them
authority investigator general to To do
investigation.
Example:. . .

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Example:

Certain Civil Servant Investigators in the ... (name of ministry or agency) may be given the
authority to carry out investigations into violations of the provisions of this Law (Provincial
Regulation or Regency / City Regulation).

220. The provisions for investigation are placed before the criminal provisions or if in the Law, Provincial
Regulations or Regency / City Regulations there is no grouping, they are placed in an article or
several articles before the criminal provisions.

C. REVOCATION

221. If there are old laws and regulations that are no longer needed and are replaced by new laws and
regulations, the new laws and regulations must explicitly revoke the unnecessary laws and
regulations.

222. If the material in the new Laws and Regulations causes the need to replace part or all of the
materials in the old Laws and Regulations, the new Laws and Regulations must explicitly
regulate the revocation of part or all of the old Laws and Regulations.

223. Legislation can only be repealed through Legislation which is at the same level or higher.

224. Revocation through Regulations Legislation that


a higher level is carried out if the laws and regulations
that more high the intended to
retain all or part of the material of the lower Legislation which is revoked.

225. If. . .

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225. If the new Laws and Regulations rearrange a material that has been regulated and has been
enforced, the revocation of the Legislation is stated in one of the articles in the closing
provisions of the new Laws and Regulations, by using the formula revoked and declared invalid.

226. Revocation Regulations Legislation that already

promulgated but has not yet come into effect, can be done with separate regulations by using a
formula that is withdrawn and declared invalid.

227. If the revocation of statutory regulations is carried out with a separate revocation regulation, the
revocation regulation basically contains 2 (two) articles written in Arabic numerals, namely as
follows:

a. Article 1 contains provisions stating that the Legislation that has been promulgated is invalid.

b. Article 2 contains provisions concerning the time when the Laws and Regulations of the
revocation concerned take effect.

Example:

article 1
Law Number… Year… concerning… (State Gazette of the Republic of Indonesia Year…
Number…, Supplement to State Gazette of the Republic of Indonesia Number…) is revoked and
declared invalid.

Section 2

This Law comes into force on the date of promulgation.

228. Revocation of Legislation which gives rise to changes in other related laws and regulations, does
not change the other related laws and regulations, unless expressly stipulated otherwise.

229. Regulation. . .

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229. Legislation or provisions that have been repealed, remain invalid, even if the Legislation that repeal
is later repealed as well.

D. CHANGES IN LEGAL RULES

230. Changes to Legislation are made by:


a. inserting or adding material into the Legislation; or

b. delete or replace part of the material of the Legislation.

231. Changes Rules Legislation can done


against:
a. all or part of a book, chapter, section, paragraph, article, and/or verse; or

b. words, phrases, terms, sentences, numbers, and/or punctuation.

232. If the amended Legislative Regulation has a short name,


Rules Legislation change can
using the short name of the amended Legislation.

233. Basically, the body of the Legislative Amendment Regulation consists of 2 (two) articles written in
Roman numerals, as follows:

a. Article I contains the title of the amended Legislation, by mentioning the State Gazette of the
Republic of Indonesia and the Supplement to the State Gazette of the Republic of Indonesia
placed between parentheses and containing the amended material or norms. If there is more
than one change material, each change material is detailed using Arabic numerals (1, 2, 3,
and so on).

Example. . .

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Example 1:

Article I
Some provisions in Law Number… Year… regarding… (State Gazette of the Republic of
Indonesia Year… Number…, Supplement to State Gazette of the Republic of Indonesia
Number…) are amended as follows:

1. The provisions of Article 6 are amended to read as follows:…

2. The provisions of paragraph (2) and paragraph (3) of Article 8 are amended, so that it reads
as follows:…
3. and so on…

Example 2:
Article I
The provisions of Article ... in Law Number… Year… concerning… (State Gazette of the
Republic of Indonesia Year… Number…, Supplement to State Gazette of the Republic of
Indonesia Number…) are amended to read as follows:…

b. If the Legislation has been amended more than once, Article I contains, in addition to
following the provisions of Number 193 letter a, also the year and number of the existing
Legislative Regulation as well as the State Gazette of the Republic of Indonesia and
Supplementary State Gazette of the Republic of Indonesia placed between punctuation in
parentheses and detailed in lowercase letters (a, b, c, and so on).

Example:

Article I
Law Number… Year… on… (State Gazette of the Republic of Indonesia Year… Number…,
Supplement to State Gazette of the Republic of Indonesia Year) which has been amended
several times by Law:

a. Number… Year… (State Gazette of the Republic of Indonesia Year… Number…,


Supplement to State Gazette of the Republic of Indonesia Number…);

b. Number. . .

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b. Number… Year… (State Gazette of the Republic of Indonesia Year… Number…,


Supplement to State Gazette of the Republic of Indonesia Number…);

c. Number… Year… (State Gazette of the Republic of Indonesia Year… Number…,


Supplement to State Gazette of the Republic of Indonesia Number…);

changed as follows:
1. Chapter V is deleted.

2. The provisions of Article 11 are amended to read as follows:


3. and so on ...

c. Article II contains provisions on when to take effect. In certain cases, Article II may also contain
transitional provisions of the amended Legislation, the meaning of which is different from the
transitional provisions of the amended Legislation.

234. If a new chapter, section, paragraph, or article is added or inserted in a Legislation, then the new
chapter, section, paragraph, or article is listed in the place appropriate to the material in question.

a. Insertion of Chapter

Example:

Between CHAPTER IX and CHAPTER X is inserted 1 (one) chapter, namely CHAPTER IXA
so that it reads as follows:

CHAPTER IXA

GEOGRAPHICAL INDICATIONS AND ORIGIN INDICATIONS

b. Insertion. . .

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b. Article Insertion:

Example:

Between Article 128 and Article 129, 1 (one) article is inserted, namely Article 128A so that
it reads as follows:

Article 128A
In the event of proven patent infringement, the judge may order the proceeds of the patent
infringement be confiscated for the state to be destroyed.

235. If in 1 (one) article consisting of several verses a new verse is inserted, the writing of the new verse
begins with Arabic numerals in accordance with the verse numbers inserted and added with
lowercase letters a, b, c, placed between parentheses ().

Example:

Between paragraph (1) and paragraph (2) of Article 18, 2 (two) paragraphs are inserted, namely paragraph

(1a) and paragraph (1b) so that Article 18 reads as follows:

Article 18
(1).
(1a).
(1b).
(2).

236. If in a Legislative Regulation there is a deletion of a chapter, section, paragraph, article, or


paragraph, then the order of the chapter, section, paragraph, article, or paragraph is still listed
with the description deleted.

Example 1:

1. Article 16 is deleted.
2. Article 18 paragraph (2) is deleted so that Article 18 reads as follows:

Article 18
(1).
(2) Deleted. . .

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(2) Deleted.
(3).

Example 2:

Regional Regulation on Amendments to Regional Regulation Number 16 of 2005 on Motor


Vehicle Testing and Levy

5. The provisions of Article 4 paragraph (1) and paragraph (2) are deleted, so that Article 4 reads as
follows:
Article 4
(1) Deleted.
(2) Deleted.
(3) The Testing and Tester Location is determined by the Decision
Head of Transportation.

237. If a change Rules Legislation


resulting in:
a. systematically changing Legislative Regulations;
b. the material of the Legislation changed more than 50% (fifty percent); or

c. the essence changes,


The amended Legislation is better repealed and re-arranged in the new Legislation on the issue.

238. If a Regulation has undergone frequent changes so as to make it difficult for the users of the
Regulation, it is advisable that the Regulation be re-arranged in the text in accordance with the
changes that have been made, by making adjustments to:

a. the order of chapters, sections, paragraphs, articles, paragraphs, numbers, or items;

b. mentions; and
c. spelling, if the amended Legislative Rules are still written in the old spelling.

E. DETERMINATION. . .

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E. DETERMINATION OF GOVERNMENT REGULATIONS THAT SUBSTITUTE LAW INTO LAW

239. Stem body Law about Determination Rules


The Government Substituting Laws (Perpu) into Laws basically consists of 2 (two) articles, written
in Arabic numerals, as follows:

a. Article 1 contains the Determination of Perpu into a Law followed by a statement attaching
Perpu as an integral part of the Law of the determination.

b. Article 2 contains provisions on when to take effect.

Example:

Law Number 15 of 2003 on the Determination of Government Regulation Substituting Law


Number 1 of 2002 on the Eradication of Terrorism Crimes into Law.

Article 1
Government Regulations Substituting for Laws Number 1 Year
2002 on the Eradication of Terrorism Crimes (State Gazette of the Republic of Indonesia Year
2002 Number 106, Supplement to State Gazette of the Republic of Indonesia Number 4232)
set
become an Act, and annex it as an integral part of this Act.

Article 2
This Law comes into force on the date of promulgation.

F. CONFIRMATION OF INTERNATIONAL AGREEMENTS

240. The body of the Law on Ratification of International Treaties basically consists of 2 (two) articles
written in Arabic numerals, as follows:

a. Article 1 contains the ratification of international agreements by including a statement enclosing


a copy of the original text and its translation in Indonesian.

b. Article. . .
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b. Article 2 contains provisions on when to take effect.

Examples for multilateral agreements:

Article 1
Confirming Convention on the Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapon and on Their Destruction ( Convention on the Violation of the Development,
Production, Hoarding, and Use of Chemical Weapons and Their Destruction) the original text in
English and its translation into Indonesian as attached and is an integral part of this Act.

Article 2
This Law comes into force on the date of promulgation.

Examples of bilateral agreements that use only two languages:

Article 1
Ratification of the Cooperation Agreement between the Republic of Indonesia and Australia on
Reciprocal Assistance in Criminal Matters ( Treaty between the Republic of Indonesia and
Australia on Mutual Assistance in Criminal Matters) which was signed on October 27, 1995 in
Jakarta with a copy of the original text in Indonesian and English as attached and is an integral
part of this Act.

Article 2
This Law comes into force on the date of promulgation.

Example. . .

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Examples for bilateral agreements that use more than two languages:

Article 1
Ratified the Agreement between the Government of the Republic of Indonesia and the
Government of Hong Kong for the Submission of Fugitive Offenders ( Agreement between the
Government of the Republik of Indonesia and the Government of Hongkong for the Surrender of
Fugitive Offenders) which was signed on May 5, 1977 in Hong Kong with a copy of the original
text in Indonesian, English, and Chinese as attached and is an integral part of this Act.

Article 2
This Law comes into force on the date of promulgation.

241. The manner of writing the formulation of Article 1 for the ratification of international agreements or
agreements made by Law also applies to the ratification of international agreements or
agreements made by Presidential Regulations.

CHAPTER III. . .

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CHAPTER III

LANGUAGES OF LEGAL REGULATIONS

LANGUAGE OF LEGAL REGULATION - LEGAL

242. Language Regulations Legislation is basically subject to the rules of Indonesian grammar, both
word formation, sentence structure, writing techniques, and spelling. Yet the language of the
Legislative Rule has its own characteristic pattern

clarity or clarity understanding, class,


standardization, compatibility, and adherence to principles in accordance with legal requirements
both in formulation and manner of writing.

243. The language features of the Legislative Regulation include:


a. straightforward and definite to avoid similarity of meaning or confusion;
b. frugally patterned only the necessary words are worn;
c. objective and suppress subjective sense (not emotion in expressing purpose or intent);

d. standardize the meaning of words, expressions or terms used


consistently;
e. provide definitions or limitations of understanding carefully;
f. writing meaningful words singular or plural always
formulated in a singular form; and

Example:

books are written books


students are written students

g. writing the initial letters of words, phrases or terms that have been defined or given limitations
of meaning, name of position, name of profession, name of institution/government
agency/constitution, and
kind of Rules Legislation and plan
Legislative regulations in the formulation of norms are written in capital letters.

Example:. . .

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Example:

- The government

- Taxpayer
- Draft Government Regulations

244. In formulating the provisions of the Legislation, sentences that are firm, clear, concise, and easy to
understand are used.

Example:

Article 5
(1) To be able to apply to the Court
as referred to in Article 4 paragraph (1) of this Law, the following conditions must be met:

Better formula:
(1) Application for having more than one wife as intended
in Article 4 paragraph (1) must meet the following requirements:

245. Do not use words or phrases whose meaning is uncertain or whose context in a sentence is
unclear.

Example:

The term liquor has a less clear meaning than the term alcoholic beverages.

246. In formulating the provisions of the Legislation, use the standard Indonesian grammar rules.

Examples of non -standard sentences:

The business license of a company that violates the obligations as referred to in Article 6 may be
revoked.

Example standard sentences:


Companies that violate the obligations as referred to in Article 6 may have their business license
revoked.
247. For. . .

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247. To provide an extension of the meaning of a word or term that is already known to the public
without creating a new definition, use the word include.

Example:

Regional Regulation Number 4 of 2010 on the Implementation of Population Administration of


Hulu Sungai Utara Regency

Article 58
(3) The report as referred to in paragraph (2) includes:
a. the name and address of the printing company that did the blank printing;

b. the number of blanks printed; and


c. number of documents published.

248. To narrow the meaning of a word or content that is already known to the public without creating a
new definition, use the word does not include.

Example:

The ship's crew does not include apprentice chefs.

249. Does not give meaning to words or phrases whose meaning is too deviant from the meaning
commonly used in the use of everyday language.

Example:

Agriculture also includes plantations, livestock, and fisheries.

Good formula:
Agriculture includes plantations.

250. In the same Legislation, does not use:

a. several different terms to express the same meaning.

Example:. . .

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Example:

The terms salary, wages, or income can express the meaning of income. If to express
income, in an article the word salary has been used, then in subsequent articles do not use
the word wages or income to express the meaning of income.

b. one term for several different meanings.

Example:

The term arrest is not used to include the meaning of detention or security because the
meaning of detention is not the same as the meaning of security.

251. If making reference to another article or paragraph, it is not permissible to use the phrase without
reducing, without reducing, or without deviating from.

252. To avoid name change ministry, mention


ministers should use citations based on government affairs in question.

Example:

The Minister is the Minister who handles government affairs in the field of finance.

253. Absorption of words, phrases, or terms many foreign languages


used and the spelling has been adjusted according to the rules of Bahasa Indonesia can be used
if:

a. have a suitable connotation;

b. shorter when compared to its equivalent in Indonesian;

c. has an international pattern;

d. make it easier to reach an agreement; or

e. more. . .

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e. easier to understand than its translation in Indonesian.

Example:

1. devaluation (devaluation of money)


2. foreign exchange (foreign payment instrument)

254. The use of foreign language words, phrases, or terms is used only in the explanation of Legislative
Regulations. The foreign language word, phrase, or term is preceded by its equivalent in
Indonesian, written in italics, and placed between parentheses ().

Example:

1. contempt for justice ( contempt of court)


2. merger ( merger)

CHOICE OF WORDS OR TERMS

255. Use the word most, to express maximum and minimum meanings in determining criminal threats or
time limits.

Example:

… Sentenced to a minimum of 3 (three) years imprisonment or a maximum of 20 (twenty) years


and a minimum fine of Rp500,000.00 (five hundred thousand rupiahs) or a maximum of
Rp1,000,000,000.00 (one billion rupiahs) ).

Examples for Regulations:

… Sentenced to imprisonment for a maximum of 6 (six) months or a maximum fine of


Rp50,000,000.00 (fifty million rupiah).

256. To state the maximum and minimum of a unit:


a. time, use the shortest or longest phrase to express a period of time;

Example. . .

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Example 1:

Regulations for the implementation of this Law must be stipulated no later than 1 (one) year
from the date this Law was promulgated.

Example 2:

The President assigns the representing minister to discuss the draft law with the DPR within a
maximum of 60 (sixty) days from the receipt of the letter from the DPR Leader.

b. time, use the phrase slowest or fastest to express the time limit.

Example:

The business license application letter is submitted to the industrial office no later than July 22,
2011.

c. amount of money, use the least or most phrases;


d. non-monetary amounts, use the lowest and highest phrases.

257. To express the meaning of excluding, use the word except. The word except is placed at the
beginning of the sentence, if the excluded is the whole sentence.

Example:

Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering

Article 29
Unless there is an element of abuse of authority, the Reporting Party, its officials, and employees
may not be prosecuted, either civilly or criminally, for the implementation of reporting obligations
under this Law.

258. Words except are placed directly behind a word, if that will be restricted to only the word in
question.

Example:. . .

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Example:

Law Number 6 of 2011 on Immigration

Article 1
....

38. A passenger is every person who is on a conveyance, except the crew of the conveyance.

259. To express the meaning of including, use the word other than.

Example:

Law Number 40 of 2007 on Limited Companies


Article 77
(1) In addition to the implementation of the GMS as referred to in Article
76, the GMS can also be held through teleconferencing, video conferencing,
or means media electronics other yang
allow all GMS participants to see and hear each other directly and participate in meetings.

260. For stated meaning assumption or chances are,


used the word if, when, or the phrase in the case.

a. The word if is used to express a causal relationship (because-then pattern).

Example:

If a company violates the obligations as referred to in Article 6, the company's license may be
revoked.

Law Number 27 Year 2009 about Assembly

People's Consultation, House of Representatives, District House of Representatives, District


House of Representatives.

Article 41
(3) In the event of a vacancy in the office of President, the MPR shall immediately

held a plenary session of the MPR to appoint the Vice President as President.

b. Kata. . .

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b. The word when is used to express a causal relationship that contains time.

Example:

If a member of the Corruption Eradication Commission resigns during his term of office for
reasons as referred to in Article 10 paragraph (4), the person in question shall be replaced by
a replacement member until the expiration of his term of office.

c. Phrases in p used to express a


chances are, a state or condition that may occur or occur (probability-then pattern).
maybe not
Example:

In the event that the Chairman is unable to attend, the meeting shall be chaired by the Vice Chairman.

Law Number 13 of 2010 on Horticulture

Article 33
(2) In the case of insufficient domestic horticultural facilities
or not available, can be used horticultural means coming from abroad.

261. The phrase at present is used to express a situation that is certain to occur in the future.

Example:

Law Number 25 of 2009 on Public Services

Article 59
At the time this Act comes into force, all regulations or provisions
regarding the provision of compulsory public services
adjusted to the provisions of this Law no later than 2 (two) years.

262. For. . .

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262. To express the cumulative nature, use the words and.

Example:

Law Number 38 of 2009 on Post

Article 30
Postal operators must maintain the confidentiality, security, and safety of shipments.

263. To express an alternative property, use the word or.

Example:

Law Number 39 of 2008 on State Ministries

Article 19
(1) Alteration as a result of separation or merger
the ministry is done at the discretion of the House of Representatives.

Law Number 9 of 2010 on Protocol

Article 22
(2) In the event that there is no music or drum corps and/or
the trumpet hoisting or lowering of the national flag is accompanied by the national anthem
by all participants of the ceremony.

264. To express cumulative as well as alternative properties, use the phrase and/or.

Example:

Law Number 18 of 2009 on Livestock and Animal Health

Article 69. . .

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Article 69
(1) Animal health services include laboratory services
veterinary services, veterinary examination and testing laboratory services, veterinary medical
services, and/or services at animal health service centers or animal health posts.

Example:

Law Number 9 of 2010 on Protocol

Article 31
(2) Respect as referred to in paragraph (1) includes:
a. homage with the national flag;
b. tribute with the national anthem; and/or
c. other forms of honor in accordance with the provisions of legislation.

265. To declare the existence of a right, use the word entitled.

Example:

Law Number 27 Year 2009 about Assembly

People's Consultation, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dewan Perwakilan
Rakyat Daerah

Article 72
(1) The DPR in carrying out its duties and authorities has the right
ask state officials, government officials, legal entities, or citizens to provide information about
something that needs to be addressed in the interest of the nation and state.

266. To express the granting of authority to a person or institution use the word authorized.

Example:

Law No. 1 of 2009 on Aviation

Article 313. . .

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Article 313
(1) The Minister has the authority to stipulate law enforcement programs and
take legal action in the field of aviation safety.

267. To express the discretionary nature of an authority given to a person or institution, use the word
can.

Example 1:
Law Number 4 of 2009 on Mineral and Coal Mining

Article 90
Holders of IUP and IUPK can conduct some or all stages of mining business, both exploration
activities and production operations activities.

Example 2:

Regional Regulation Number 4 of 2010 on the Implementation of Population Administration of


Hulu Sungai Utara Regency

Article 28
(2) Residents who are unable to perform their own reporting
against a population event involving oneself may be assisted by the implementing agency or
request assistance from others.

268. To declare the existence of an obligation that has been established, use the word obligatory.

If the obligation is not met, the person concerned is sanctioned.

Example 1:
Law Number 6 of 2011 on Immigration

Article 8. . .

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Article 8
(1) Every person who enters or leaves the Territory of Indonesia shall
have a valid and still valid Travel Document.

Example 2:
Regional Regulation Number 4 of 2010 on the Implementation of Population Administration of
Hulu Sungai Utara Regency

Article 17
(1) Every resident must have an NIK.

269. To state fulfillment of a condition or requirement


certain, use the word must. If these requirements are not met, the person in question does not
obtain what he or she should have obtained if he or she had met these conditions or
requirements.

Example:

Law Number 5 of 2011 on Public Accountants

Article 6
(1) To obtain permission to be a Public Accountant as
referred to in Article 5 paragraph (1) a person must meet the following requirements:

a. have a valid public accountant profession exam passing certificate;

b. experienced practice give services as


referred to in Article 3;
c. domiciled in the territory of the Republic of Indonesia; have a Taxpayer Identification
d. Number;
e. has never been subject to administrative sanctions in the form of revocation of the Public Accountant's

license;

f. has never been convicted who has had permanent legal force for committing a felony
punishable by imprisonment for 5 (five) years or more;

g. to be. . .

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g. be a member of the Association of the Profession of Public Accountants appointed by the


Minister; and
h. not in remission.

270. To state the existence of a prohibition, use the word prohibited.

Example 1:

Law Number 1 of 2011 on Housing and Residential Areas

Article 135
Everyone is prohibited from renting or transferring ownership of a public house to another party.

Example 2:
Hulu Sungai Utara Regency Regional Regulation Number 2 of 2010 on Fishing Business
Licenses and Fishing Activity Registration Marks

Article 11
(1) Every IUP or TPKP holder is prohibited from:
a. conduct fishing activities using prohibited equipment such as chemicals, explosives, drugs,
electric current, and using fishing gear with a net size of less than 2.5 cm or fishing gear
with a blade size of less than 1 cm.

MOLDING TECHNIQUES

271. Basically, each article is a complete understanding without referring to another article or verse.
However, to avoid repetition of the formulation used a reference technique.

272. Technique. . .

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272. The reference technique is done by specifying an article or paragraph of the relevant Legislation or
Legislation
yang another by use phrase

as referred to in Article or as referred to in paragraph….

Example 1:

Law Number 35 of 2009 on Narcotics

Article 72
(1) The authority as referred to in Article 71 shall be implemented
by BNN investigators.
(2) The BNN investigator as referred to in paragraph (1) is appointed and
dismissed by the Head of BNN.

Example 2:

Regional Regulation Number 4 of 2010 on the Implementation of Population Administration of


Hulu Sungai Utara Regency

Article 5
(1) In carrying out the authority as referred to in
Article 4 paragraph (2) letter a, the organizer shall coordinate with vertical agencies and non
-ministerial government agencies. (2) Coordination as referred to in paragraph (1) in relation to

aspects of planning, organizing, implementing, supervising, and evaluating the


implementation of population administration.

273. References to more than two to a consecutive article, verse, or letter need not mention article by
article, verse by verse, or letter by letter referred to but simply by using the phrase up to.

Example:. . .

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Example:

Law Number 21 of 2008 on Sharia Banking

Article 10
Further provisions regarding licensing, form of legal entity, constitution, as well as the
establishment and ownership of Islamic Banks as referred to in Article 5 to Article 9 shall be
regulated by Bank Indonesia Regulations.

Law Number 4 of 2011 on Geospatial Information

Article 57
(5) Further provisions on coaching as
referred to in paragraph (1) to paragraph (4) shall be regulated by a Government Regulation.

Law Number 21 of 2008 on Sharia Banking

Article 37
(3) ...
f. companies in which there is an interest from the parties as referred to in letter a to letter e.

274. References of more than two to consecutive articles or verses, but there is a verse in one of the
articles that is excluded, the article or verse that is not referred to is stated with the word except.

Example:

a. Provisions as referred to in Article 5 to Article 12 also apply to prospective judges, except


Article 7 paragraph (1).
b. Provisions as referred to in paragraph (1) to paragraph (5) also apply to detainees, except
paragraph (4) letter a.

275. The words of this article need not be used if the verse referred to is one of the verses in the article
in question.

Example:. . .

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Example:

Incorrect formulation:
Article 8
(1).
(2) The permit as referred to in paragraph (1) of this Article shall apply to
60 (sixty) days.

276. If there are two or more references, the order of the references begins with the paragraph in the
article in question (if any), then followed by the article or paragraph with a smaller number.

Example:

Article 15
(1).
(2).
(3) Permission as referred to in paragraph (1), Article 7 paragraph (2) and
paragraph (4), Article 12, and Article 13 paragraph (3) shall be submitted to the Minister of Mining.

277. Reference is done by briefly listing the subject matter referred to.

Example:

Coal mining permit as referred to in Article 15 is granted by.

278. References can only be made to Legislative Regulations of the same or higher level.

279. Avoid reference to an article or paragraph that is located after the article or paragraph in question.

Example:

Law Number 8 of 2010 on Money Laundering Crimes

Article 15. . .

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Article 15
Officials or employees of PPATK who violate the obligations as referred to in Article 37 paragraph
(4) shall be punished with imprisonment for a maximum of 2 (two) years and a maximum fine of
Rp500,000,000.00 (five hundred million rupiahs).

280. References are made by explicitly stating the number of the article or paragraph referred to and not
using the phrase of the previous article or the article mentioned above.

281. References to declare the application of various provisions of the Legislation that are not mentioned
in detail, using the phrase in accordance with the provisions of the Legislation.

282. To state that the implementing rules of a Regulation are declared to remain in force as long as they
do not conflict with the Regulations, use the phrase declared to remain in force as long as they
are not in conflict with the provisions of this… (type of Regulation concerned).

Example:

At the time this Law comes into force, all Legislative Regulations that are implementing
regulations of Law Number 10 of 2004 on the Establishment of Legislation (State Gazette of the
Republic of Indonesia of 2004 Number 53, Supplement to State Gazette of the Republic of
Indonesia Number 4389) , is stated to remain in force as long as it is not inconsistent with the
provisions of this Law.

283. If the stated Legislation is still in force only part of the provisions of the said Legislation, use the
phrase declared still in force, except….

Example:. . .

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Example:

At the time this Law comes into force, Government Regulation Number… Year… concerning ...
(State Gazette of the Republic of Indonesia Year… Number…, Supplement to State Gazette of
the Republic of Indonesia Number…) shall remain in effect, except for Articles 5 to 10.

284. The text of the Legislative Regulation is typed in typeface


Bookman Old Style, with the letter 12, on F4 paper.

CHAPTER IV. . .

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CHAPTER IV

FORM OF LEGAL REGULATION PLAN

A. FORM OF LEGAL PLAN

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
...
(Name of Law)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

By Mutual Consent

DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA


and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Prescribing: LAWS REGARDING… (name of Law).

CHAPTER I

...
Article 1. . .

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Article 1
...

CHAPTER II

...

Article

CHAPTER… (and beyond)

Article

This Law comes into force on the date of promulgation.

Agar each people find out, ordered


promulgation of this Law with its placement in the State Gazette of the Republic of
Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

B. PLAN. . .

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B. PLAN LAWS DETERMINATION RULES


THE GOVERNMENT REPLACED THE LAW INTO LAW

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
DETERMINATION OF SUCCESSOR GOVERNMENT REGULATIONS

LAW NUMBER… YEAR… OF… BECOMING LAW

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ...;
2.;
3. and so on…;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Prescribing: LAWS CONCERNING REGULATING


GOVERNMENT SUBSTITUTING LAW NUMBER… YEAR ... ABOUT BECOMING
LAW.

Article 1. . .

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Article 1
Government Regulation Substituting Law Number… Year… concerning… (State
Gazette of the Republic of Indonesia Year ... Number ..., Supplement to State
Gazette of the Republic of Indonesia Number…) is established as a Law and is
attached as a part that
no
separate from this Act.

Article 2
Laws this starting applies on date
announced.

Agar each people find out, ordered


promulgation of this Law with its placement in the State Gazette of the Republic of
Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME
Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

C. PLAN. . .

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C. PLAN LAWS VALIDATION AGREEMENT


INTERNATIONALS THAT DO NOT USE INDONESIA AS ONE OF THE OFFICIAL LANGUAGES

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
CONVENTION CONFIRMATION…

(the original language of the international treaty ratified and followed by


Indonesian as a translation)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1.;
2.;
3. and so on…;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Prescribing: LAWS REGARDING CONVENTION CONVENTION…


(the original language of the international agreement ratified and followed by
Indonesian as the translation).

Article 1
(1) Ratify the Convention… (the original language of the agreement
internationally ratified and followed by the Indonesian language as its
translation)… with Reservation (Requirement) against Article ... about….

(2) Copy. . .
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(2) A copy of the original text of the Convention (the original language of the
international agreement ratified and followed by Indonesian as its
translation)… with Reservation of Article ... of in English and its translation
into Indonesian as attached and is an integral part of This Act.

Article 2
Laws this starting applies on date
announced.

Agar each people find out, ordered


invitation Laws this by
its placement in Sheets Country Republic
Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME
Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

STATE SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER ..

D. SHAPE. . .

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D. FORM OF LEGAL CHANGE PLAN

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
CHANGES TO THE LAW
NUMBER… YEAR… ABOUT…
(for first change)

or

SECOND AMENDMENT TO THE LAW


NUMBER ... YEAR ... ABOUT ...
(for the second change, and so on)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Assign: LAWS ABOUT THE ABOVE CHANGES


LAW NUMBER… YEAR… ABOUT ....

Article I. . .
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Article I
Some provisions in Law Number ... Year… on… (State Gazette of the Republic
of Indonesia Year… Number…, Supplement to State Gazette of the Republic
of Indonesia Number…) are amended as follows:

1. Article Provisions ... (the sound of the formula depends on the need),
and so on.

Article II
This Law comes into force on the date of promulgation.

In order for everyone to know, order an invitation


Law this by
its placement in the State Gazette of the Republic of Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on
MINISTER (who conducts government affairs in the field
law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

E. SHAPE. . .

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E. FORM OF LAW REPEAL LAWS

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
REPEAL OF LAW NUMBER… YEAR…
ABOUT… (Name of Law)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1.;
2.;
3. and so on…;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Assign: LAWS CONCERNING THE REPEAL OF LAW NUMBER… YEAR…


CONCERNING ....

Article 1
Law Number… Year… concerning ... (State Gazette of the Republic of Indonesia
Year… Number ..., Supplement to State Gazette of the Republic of Indonesia
Number…) is revoked and declared invalid (for existing Laws) or withdrawn and
declared does not apply (for Laws that have been enacted but have not yet come
into force).

Article 2. . .

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Article 2
Laws this starting applies on date
announced.

In order for each people know it, order


the promulgation of this Law with its placement in the State Gazette of the Republic
of Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

F. FORM. . .

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F. FORM OF LAW PLAN REPEAL OF GOVERNMENT REGULATIONS SUBSTITUTION OF LAWS

LAWS OF THE REPUBLIC OF INDONESIA


NUMBER… YEAR…
ABOUT
REPEAL OF GOVERNMENT REGULATIONS
REPLACEMENT LAW NUMBER… YEAR… ABOUT…

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1.;
2.;
3. and so on…;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Assign: LAW NUMBER ... YEAR… CONCERNING THE REPEAL OF GOVERNMENT


REGULATION SUBSTITUTING LAW NUMBER… YEAR… CONCERNING…

Article 1
Government Regulation Substituting for Law Number… Year ... concerning ...
(State Gazette of the Republic of Indonesia Year…. Number ..., Supplementary
State Gazette of the Republic of Indonesia Number…) is repealed and
declared invalid (for Government Regulation Substituting for Law which has
already occurred) or withdrawn and declared not applicable (for

Rules . . .
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Government Regulations Substituting for Laws that have been promulgated but
have not yet come into force).

Article 2
This Law comes into force on the date of promulgation.

In order for everyone to know, order an invitation


Law this by
its placement in the State Gazette of the Republic of Indonesia.

Confirmed in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

G. PLAN. . .

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G. LAW SUCCESSOR GOVERNMENT REGULATION DRAFT

GOVERNMENT REGULATIONS
SUCCESSOR OF THE LAWS OF THE REPUBLIC OF INDONESIA
NOMOR. YEAR… ..
ABOUT
(Name of Government Regulation Substituting for Law)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

DECIDED:

Assign: SUBSTITUTE GOVERNMENT REGULATION REGARDING… (Name of Substitute


Government Regulation).

CHAPTER I

...

Article 1

CHAPTER II

...

Article

CHAPTER

(and so on)
Article 2. . .
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Article 2
This Government Regulation Substituting for this Law shall come into force on the
date of promulgation.

Agar each people find out, ordered


promulgation of this Government Regulation Substituting for this Law with its
placement in the State Gazette of the Republic of Indonesia.

Set in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

H. FORM. . .

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H. FORM OF GOVERNMENT REGULATORY PLAN

GOVERNMENT REGULATIONS OF THE REPUBLIC OF INDONESIA

NUMBER… YEAR…
ABOUT
(Name of Government Regulation)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

DECIDED:

Assign: GOVERNMENT REGULATIONS REGARDING…. (name of Government

Regulation).

CHAPTER I

...

Article 1

CHAPTER II

Article

BAB
(and so on)

Article .... . .

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Article
This Government Regulation takes effect on
announced.

In order for each people know it, order


invitation Rules The government this by
its placement in Sheet Republican State
Indonesia.

Set in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

I. PLAN. . .

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I. FORM OF PRESIDENTIAL REGULATORY PLAN

REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA

NUMBER… YEAR…
ABOUT
(Name of Presidential Regulation)

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

DECIDED:

Assign: PRESIDENTIAL RULE REGARDING…. (name of Presidential Regulation).

CHAPTER I

...

Article 1

CHAPTER II

Article

BAB
(and so on)

Article .... . .

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Article
This Presidential Regulation takes effect on
announced.

In order for each people know it, order


invitation Rules The president this by
its placement in Sheet Republican State
Indonesia.

Set in Jakarta
on

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL SHEET OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

J. FORM. . .

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J. FORM OF MINISTERIAL REGULATION PLAN

REGULATION OF THE MINISTER OF THE REPUBLIC OF INDONESIA

NUMBER… YEAR…
ABOUT
(Name of Ministerial Regulation)

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF THE REPUBLIC OF INDONESIA,

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

DECIDED:

Assign: MINISTERIAL REGULATION… CONCERNING…. (name of Ministerial

Regulation).

CHAPTER I

...

Article 1

CHAPTER II

Article

BAB
(and so on)

Article. . .

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Article
This Ministerial Regulation takes effect on
announced.

In order for each people know it, order


invitation Rules Minister this by
its placement in the State Gazette of the Republic of Indonesia.

Set in Jakarta
on

MINISTER ... REPUBLIC OF INDONESIA,

signature

NAME

Announced in Jakarta
on

MINISTER (who handles government affairs in the field of law),

signature

NAME

NATIONAL NEWS OF THE REPUBLIC OF INDONESIA YEAR… NUMBER…

K. FORM. . .

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K. FORM OF PROVINCIAL DISTRICT REGULATION PLAN

PROVINCIAL REGULATIONS… (Name of Province)


NUMBER… YEAR…
ABOUT
(name of Regional Regulation)

BY THE GRACE OF GOD ALMIGHTY

GOVERNOR (Name of Province),

Consider: a. that;
b. that;
c. and so on …;

Remember: 1. ;
2. ;
3. and so on …;

By Mutual Consent
DEWAN PERWAKILAN RAKYAT DAERAH PROVINSI…
(Province Name)
and
GOVERNOR… (Name of Province)

DECIDED:

Establish: REGIONAL REGULATIONS REGARDING ... (Name of Regional Regulation)

CHAPTER I

GENERAL PROVISIONS

Article 1

CHAPTER II. . .

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CHAPTER II

...

Article

BAB
(and so on)

Article ...
Rules District this starting applies on date
announced.

Agar each people find out, ordered


the promulgation of this Regional Regulation by its placement in the Provincial
Regional Gazette… (Name of Province).

Set in
on

GOVERNOR… (Name of Province)

signature

NAME
Announced on
on

PROVINCIAL REGIONAL SECRETARY… (Name of Province),

signature

NAME

PROVINCIAL REGION SHEET… (Name of Province) YEAR… NUMBER

L. FORM. . .

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L. FORM OF REGIONAL/CITY DISTRICT REGULATION PLAN

REGIONAL/CITY REGULATION… (name of district/city)


NUMBER… YEAR…
ABOUT
(name of Regional Regulation)

BY THE GRACE OF GOD ALMIGHTY

BUPATI/WALIKOTA (name of district/city),

Consider: a. that;
b. that;
c. and so on …;

Remember: 1.;
2.;
3. and so on…;

By Mutual Consent
REGIONAL/CITY REGIONAL DEWAN PERWAKILAN RAKYAT…
(name of district/city)
and
BUPATI/WALIKOTA… (name of district/city)

DECIDED:
Assign: DISTRICT REGULATIONS REGARDING ... (Name of District Regulation).

CHAPTER I

GENERAL PROVISIONS

Article 1

CHAPTER II

...
Article

BAB
(and so on)

Article. . .

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Article
Rules District this starting applies on date
announced.

Agar each people find out, ordered


the promulgation of this Regional Regulation with its placement in
Sheets District Regency/City ... (name
district/city).

Set in
on

BUPATI/WALIKOTA… (name
district/city),

signature

NAME
Announced on
on

REGIONAL SECRETARY OF REGENCY/CITY… (name of district/city),

signature

NAME

REGION/CITY REGION SHEET… (name of district/city) YEAR… NUMBER…

PRESIDENT OF THE REPUBLIC OF INDONESIA,

ttd.

DR. H. SUSILO BAMBANG YUDHOYONO

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