Gov’t Issues Presidential Presidential Approval of Ministerial/Institutional Regulation Bill
President Joko “Jokowi” Widodo on 2 August 2021 signed Presidential Regulation Number 68 of 2021 on Presidential Approval of the Ministerial / Institutional Regulation Bill.
The newly-issued Presidential Regulation was also disseminated by Cabinet Secretary Pramono Anung on 24 August 2021 to all Ministries / Institutions.
The regulation is issued to harmonize business process of the Government and to maintain the target of national development policy in which the President as the highest Head of State must know every policy proposed by ministers / heads of institutions to be passed as law.
“In order to create ministerial, institutional regulations that are more qualified, harmonious and are in harmony with other regulations and will delay people’s activities and business world, the Presidential Approval as a mechanism to review every policy that will be stipulated by ministries / heads of institutions in a form of ministerial / institutional regulations is needed,” the Regulation states.
This regulation also aims to minimalize problems during the implementation of ministerial /institutional regulations.
“The Presidential Approval is oral, written Presidential Directives as well as the decision that are delivered in the Cabinet Meeting and the Limited Meeting,” Article 1 paragraph (1) states.
Article 2 of the Regulation states that Ministers / Heads of institutions arrange the Ministerial / Institutional Regulation Bills in accordance with the scope of their duties.
The bills are arranged based on Law and Regulations, Presidential Directives, or implementation of certain provisions of the Government. In drafting the bills, Minister / Heads of Institution that also serves as initiator can ask other Ministries / Institutions to collaborate.
“Every Ministerial / Institutional Regulation Bill that is stipulated by related Minister / Head of Institution must obtain Presidential Approval,” Article 3 paragraph (1) states.
Based on the Presidential Regulation, there are three types of the bills that must be approved by the President. They are as follows:
- The bill must have broader impacts for the people;
- The bill is a strategic one, meaning it can affect the President’s priority program, the Government’s targets set in the National Medium-Term Development Plan (RPJMN) and the Government Work Plan (RKP), defense and security, state finances; and/or
- The bill affects the policy in cross-sector or cross-ministries / institutions.
The Mechanism to Obtain the Presidential Approval
Article 4 of the Regulation states that before the bill is approved by the President, it must be harmonized, fixed, and reviewed by Minister or Head of Institution that carries out the Government’s affairs in laws and regulations establishment.
After going through the first stage, the initiator must submit a written proposal to the President. The proposal must be attached with document explaining the urgency and the pointers of the bill and Letter of Reference on the Completion Process of Harmonization, Fixation, Review from Minister or Head of Institution that carries out the Government’s affairs in laws and regulations establishment.
Based on Article 7 of the Regulation, Cabinet Secretariat will give recommendation and reference to the bill so that it will obtain Presidential Approval.
The Presidential Approval consists of the Approval, Rejection, or other Presidential Directives.
In the next stage, the approved bill can be promulgated on the State Report of the Republic of Indonesia, stipulated by the initiator and must be disseminated to all ministries / institutions, regional governments, and public.
This regulation is effective since it was promulgated on 6 August 2021 by Minister of Law and Human Rights. (FID/UN) (AP/EP)
