Legislative Process

25 Oktober 2011, 07:01, dibaca 3525 kali
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The Authority of the DPR to Draft Legislation
The making of Laws1 is the primary responsibility and authority of the DPR, aside from budgetary authority and oversight. The authority to make Laws is realized in the DPR’s legislative function, which derives from the 1945 Constitution.
Article 20 of the 1945 Constitution stipulates the following:

  1. The DPR has the authority to make Laws.
  2. Every Bill shall be discussed by the DPR and the President to reach mutua assent.
  3. If a Bill does not obtain mutual assent, the Bill cannot be resubmitted during the same session of the DPR.
  4. The President shall sign into Law those Bills that have obtained mutual assent.
  5. If a Bill has not been signed by the President within 30 days after it achieved mutual consent, the Bill may legitimately become Law and must be enacted as Law.

The DPR’s Duties and Authority to Formulate Laws
In detail, the DPR’s role and authority to formulate Laws (Undang-Undang) are further stipulated in Law No. 27 of 2009 on the MPR, DPR, DPD, and DPRD, which states, among other matters, the following:

  1. make Laws that are discussed with the President to reach formal consensus;
  2. grant assent or not grant assent for Government Regulations in Lieu of Law that are proposed by the President to become Laws;
  3. accept draft legislation that has been submitted by the DPD in regard to regional autonomy; relations between the central and regional governments; the creation, partitioning, and merger of administrative regions; management of natural resources and other economic resources; and those relating to financial balance between the center and the regions;
  4. discuss Bills (RUU) submitted by the DPD with the President and the DPD before consensus is reached between the DPR and the President;
  5. discuss Bills submitted by the President or the DPR in relation to regional autonomy; relations between the central and regional governments; creation, partitioning, and merger of administrative regions; management of natural resources and other economic resources; and financial balance between the central and regional governments, with the participation of the DPD, before consensus is reached between the DPR and the President.
     

In principle, the stipulation of the authority to make Laws from the DPR constitutes an attributive authority bestowed upon the DPR by the 1945 Constitution and other Laws, a power which was previously held by the President (see Article 5 section (1) of the old 1945 Constitution). As a result, the burden for the creation of Laws that is actualized in the DPR’s legislative functions has become the sole responsibility of the DPR. In other words, the Amendments to the 1945 Constitution have placed the DPR in a position as the primary formulator of legislation, while the President retains the authority to draft legislation in the form of a ”right” to submit draft laws to the DPR, as well as the duty to endorse Bills that have been jointly approved to become Laws.

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