President Jokowi Signs Regulation on Indonesias Membership in International Organizations
Considering that Presidential Decree Number 64 of 1999 on Indonesias Membership in International Organizations and Contribution of the Government of the Republic of Indonesia to International Organizations are no longer consistent with development of laws and needs of the public, the Government has deemed it necessary to revise the Decree.
Based on this consideration, President Joko Jokowi Widodo on 10 May 2019 signed Presidential Regulation Number 30 of 2019 on Indonesias Membership and Contribution in International Organizations.
The regulation states that Indonesias Membership and Contribution in International Organizations are aimed at strengthening Indonesia’s role and performance in international forums, relations between the Government of the Republic of Indonesia and the governments of other countries, and fostering international community trust.
Indonesias Membership and Contribution are dedicated for the sake of national interests, Article 2 paragraph (2) of the Presidential Regulation reads.
The membership will be applied based on prevailing procedures in respective international organizations which take into account national priorities, state financial capacity, and Indonesian membership in similar International Organizations.
In addition to those considerations, the Government shall apply for the membership based on a cost-benefit analysis by minimizing Indonesias contribution and maximizing benefits gained from the membership, Article 3 paragraphs (2, 3) reads.
Regarding membership status, the Presidential Regulation stipulates that Indonesia may gain full membership and non-full membership. The status determines Indonesia’s rights and obligations to International Organizations in accordance with provisions stipulated in statute, charter, agreement and/or other legal instruments of International Organizations.
Indonesias membership will be coordinated by one main institution, namely state institutions, ministries, non-ministerial government institutions, or non-structural institutions which serve as primary contact person between the Government of Republic of Indonesia and International Organizations.
The Presidential Regulation regulates that head of the main institution shall submit proposal of the Indonesias membership to the ministers (overseeing government matters on foreign affairs). Afterwards, the ministers shall assess the proposal by considering recommendation of Working Group, followed by submitting the result of assessment to the Main Institution.
In the event the Minister approves proposal of the Indonesias membership, the main institution shall compile legal basis for the Indonesias membership through stipulation of Laws; stipulation of Presidential Regulation; and stipulation of Presidential Decree, Article 8 paragraphs (1, 2) reads.
Head of the main institution is obliged to submit a report of the benefits of Indonesias Membership to the ministers no later than the end of January of the upcoming year. In the event the main institution has not submitted the report within the set timeframe, payment for Indonesias Contribution may be postponed by the Minister.
The Minister shall evaluate the Indonesias membership at least once every two (2) years by considering recommendation of Working Group. The result as intended will be reported to the President.
In the event the results of Indonesias membership fail to meet the cost-benefit analysis, the Minister may terminate the membership, which may also be terminated if the International Organization disbands, Article 10 paragraph (4) reads.
The membership termination may be done under the provisions of laws and regulations which are at the same level as the stipulation of membership that will be followed-up by submission of a written notice from the Main Institution to the Minister.
Based on this Presidential Regulation, Indonesias membership will be reactivated based on recommendation of Main Institution to the Minister and result of assessment depends on recommendation of Working Group.
The membership reactivation may be done under the provisions of laws and regulations which are at the same level as the stipulation of that membership.
Regarding contribution of Indonesia to International Organizations, it is funded by the State Budget through budget of a ministry overseeing government matters on foreign affairs, budget of a ministry overseeing government matters on finances and serves as a State Treasurer, and budget of the main institution.
If the Indonesias membership brings direct benefits to state-owned enterprises (BUMN) or private associations, full or partial payment of its contribution may be borne by the related BUMN or private associations and will be proposed to the Minister or Head of the main institution after consultations with related heads of the BUMN or private associations.
In addition, members of Working Group consist of ministry overseeing government matters on foreign affairs, ministry overseeing government matters on finance affairs, ministry overseeing government matters on national development affairs; ministry overseeing government matters on state secretariat affair; Cabinet Secretariat. The Working Unit is established based on a Ministerial Decision.
The Presidential Regulation stipulates that implementing regulation of this regulation must be set no later than 2 (two) years after this Presidential Regulation comes into force.
This Presidential Regulation shall apply as of the date of its promulgation, Article 22 of Presidential Regulation Number 30 of 2019, which is stipulated by Minister of Law and Human Rights Yasonna H. Laoly on 16 May 2019, reads. (Pusdatin/ES)
Translated by : Rany Anjany Subachrum
Edited by : Muhardi/ M. Ersan Pamungkas