The government has issued presidential regulations on the Implementation of Legislative Acts to improve understanding and compliance with the law, including public law enforcement. The National Committee on Law and Human Rights must work together to improve the efficiency of the national law development process, as stated by the National Law Development Agency (Badan Pembinaan Hukum Nasional – “BPHN”), and serve as a legal standard.
Based on the above background, the framework of the draft regulations, in particular those relating to the following:
- Compliance with the drafting of the Rules
The draft regulations stipulate that K/L and the Regional Government must sign a pact of integrity, establish policies, and carry out monitoring and evaluation of K / L and the Local Government.
- Law Enforcement Compliance
The Agency is required to participate and undertake any effort aimed at raising awareness and compliance with the enforcement of laws established by the government. Therefore, the quality of any enforcing laws will be evaluated taking into account the following factors:
- Legal substance, structure and culture; and
- Legal awareness and compliance.
The draft regulation emphasizes the importance of conducting specific research through management and evaluation, aimed at ensuring that the purposes of research in accordance with Article (1) do not violate the Pancasila State Principles, the Constitution of the Republic of Indonesia of 1945, and applicable legal principles. Meanwhile, the assessment of the level of legal awareness and compliance of the Entity will be carried out through a compulsory annual legal audit, which will be conducted by the Auditor in accordance with the following steps:
- Identification of Audit assignment objectives;
- Audit planning;
- Confirmation of Audit planning;
- Gathering of data and information;
- Assessment and analysis of data and information
- Drafting of Audit results report; and
- Submission of Audit Report
However, the business or legal entity concerned must follow up on the results of the inspection, and at the end of each year, the Report of the Results of the Inspection must be sent to the Minister. Entities that do not participate in legal programmes, do not submit audits, or do not complete audits will be sanctioned in accordance with the established rules.
- Professional supervision and legal services
The Minister is empowered to oversee the auditors and paralegal (non-advocate legal force holding a paralegal certificate), and authorized to take action related to both of the following legal professions.
- Set applicable Regulations and/or policies that address the improvement of professional competencies via training, education or other activities;
- Set applicable Regulations and/or policies that address the implementation of the tasks and functions of these legal professions;
- Assess the conformity with and feasibility of the standards of provided services in accordance with relevant Laws and Regulations and/or stipulated policies.
The draft regulations stipulate that the standard assessment of Auditor’s services is carried out through specific activities, and the results of the assessment are published after submission of an application to the Minister. The following things will be checked for standard:
- Registration and accreditation of Auditors’ education and training agencies;
- Registration and certification of Auditors;
- Registration and certification of Auditors’ offices;
- Operational permits for Auditors’ offices;
- Professional practice permits for Auditors; and/or
- Recommendations for the establishment of professional Auditors’ certification agencies.
Furthermore, since the draft regulation authorizes the Agency to provide legal advice and advice to the public, the Minister is tasked with testing the standards of suitability and validity of all legal advisory and advice services offered by the Agency. The draft Regulation stipulates that the assessment of service standards for paralegal services should be carried out in a manner similar to the evaluation of audit service standards, namely, certification, registration, and accreditation.
Basic Law:
Rancangan Peraturan Presiden Republik Indonesia Tentang Kepatuhan Hukum Dalam Pembentukan Peraturan Perundang-Undangan Dan Pelaksanaan Hukum (Draft Presidential Decree of the Republic of Indonesia on Compliance with the Law in the Formation of Legislative Regulations and Law Enforcement)
Reference:
Hukumonline.com