Maulidah Nurul Aini

22/492417/SP/30595
Policy Making System

The 1945 Constitution

A country should have a constitution because it is one of the conditions for establishing a
state. Indonesia has The 1945 Constitution as the highest law and a source of law for the
formation of laws and regulations under the 1945 Constitution. The 1945 Constitution could be
amended with the aim of adjusting to the changing times and situations. However, changes to the
constitution must be based on the same objective, namely toward the desired law (lus
constituendum) (Saputra et. al., 2021).
The procedure for amending the 1945 Constitution is explained in Article 37 of the 1945
Constitution. Proposals regarding amendments to the articles of the Constitution can be put on
the agenda at the People's Consultative Assembly (MPR) session if proposed by at least 1/3 of
the members of the MPR. Each proposal must be submitted in writing and it is clear which part
must be changed along with the reasons. In addition, the session must be attended by at least 2/3
of the members of the MPR. Finally, the decisions taken must be approved by at least 50% plus
one member of the MPR. Even though the 1945 Constitution can be changed, specifically the
part of the form of the Unitary State of the Republic of Indonesia (NKRI) cannot be changed.

Law (Undang-Undang)

In forming laws, based on Articles 5, 20, and 21 of the 1945 Constitution, it is explained
that the DPR and the President have the right to propose a draft law and form laws. The draft law
must be discussed jointly by the DPR and the President for mutual approval. The draft law that
has been approved will then be ratified by the President. Apart from that, in accordance with
Article 22D of the 1945 Constitution, the DPD also has the right to submit draft laws and
participate in discussing draft laws related to regional affairs.
Based on Article 1 paragraph 1 in Law No. 12 of 2011, the formation of laws and
regulations includes the stages of planning, discussion, approval or determination, and
promulgation. The formation of the law began to be explained in Article 16 to Article 23 of Law
No. 15 of 2019 regarding the planning of the Act. Planning for drafting laws is carried out in the
national legislation program (Prolegnas). Prolegnas are prepared and regulated by the DPR,
DPD, and the Government based on a predetermined priority scale. However, the DPR or the
President can submit a Draft Law outside the National Legislation Program if in an extraordinary
situation, conflict, natural disaster, or another national urgency that requires special and fast
handling.
 At the drafting stage, the Draft Law can come from the DPR or the President. DPD
proposals can be included in the Draft Law by the DPR. Draft Laws must be accompanied by
Academic Papers except for APBN, Stipulation of Government Regulations in lieu of Laws, and
Revocation of Laws or Revocation of Government Regulations in lieu of Laws. The draft law
contains the main ideas and content material that is regulated. Draft laws from the DPR can be
submitted by DPR members, commissions, joint commissions, or DPR fittings that specifically
handle the field of legislation or the DPD. The harmonization, unification, and consolidation of
the draft laws originating from the DPR are coordinated by the DPR's apparatus which
specifically handles the field of legislation. Meanwhile, draft laws submitted by the President can
be prepared by ministers or heads of non-ministerial government agencies. Draft laws from the
DPR are submitted through a letter from the leadership of the DPR to the President. The
President assigns the ministers who represent them to discuss the Draft Law together with the
DPR within 60 days after the letter is received. The Minister coordinates the preparation of
discussions with the minister or the head of the institution administering government affairs in
the field of Forming Legislation. Draft Laws from the President are submitted by the President's
letter to the leadership of the DPR. The DPR begins discussing the Draft Law within a maximum
period of 60 days from the receipt of the letter. If during one session the DPR and the President
submit a Draft Law on the same material, what is discussed is the Draft Law submitted by the
DPR and the Draft Law submitted by the President used as material for comparison.
The discussion of the Draft Law is carried out by the DPR together with the President or
the assigned minister. Discussions related to regional affairs were carried out by involving the
DPD. Discussion of the Draft Law is carried out through 2 (two) stages of discussion. Level I
discussion in commission meetings, joint commission meetings, Legislation Body meetings,
Budget Committee meetings, or Special Committee meetings; and level II talks are
decision-making in plenary meetings. If no mutual agreement is reached, then the draft law may
not be submitted again at the DPR session at that time. The draft law can be withdrawn before
being discussed jointly by the DPR and the President. The draft law currently being discussed
can only be withdrawn based on the joint approval of the DPR and the President. The draft law
that has been jointly approved by the DPR and the President is submitted by the leadership of the
DPR to the President to be ratified into law. If the Draft Law that has been mutually agreed upon
within 30 days is not signed by the President, the Draft Law remains valid as a Law and must be
promulgated.

Government Regulation in Lieu of Law (Peraturan Pemerintah sebagai Pengganti

Undang-Undang)

Based on Article 22 of the 1945 Constitution, in a compelling crisis, the President has the
right to issue government regulations in lieu of laws (Perpu). Where in the next trial, the Perpu
can be enacted into law with the approval of the DPR. However, if it is not approved by the
DPR, the Government Regulation in Lieu of Law must be revoked.
 The President assigns the preparation of the Draft Government Regulation in Lieu of Law
to the Minister whose duties and responsibilities are in accordance with the material to be
regulated in the Government Regulation in Lieu of Law as the Initiator. In preparing the Draft
Government Regulation in Lieu of Law, ministers assigned by the president coordinate with
ministers and ministers/heads of non-ministerial government agencies and/or heads of related
institutions. The draft government regulation in lieu of law, which has been completed by the
minister, is submitted to the president for enactment.
The initiator draws up a Draft Law on the Stipulation of Government Regulations in lieu
of Laws to Become Laws after Government Regulations in lieu of Laws are stipulated by the
president. In preparing the Draft Law, the Initiator forms an inter-ministerial or
inter-non-ministerial committee. The results of harmonization, unification, and consolidation of
the conception of the Draft Law prepared by the committee were submitted by the initiating
minister to the president. The President submitted the Draft Law regarding the Stipulation of
Perppu to become Law to the DPR. If the draft law is approved by the DPR in a plenary meeting,
it will become law. If the DPR does not obtain approval, the draft law must be revoked and
declared invalid. The DPR or the President proposes a Draft Law on the Revocation of
Government Regulations in Lieu of Laws. The draft law on the revocation of government
regulations in lieu of laws is stipulated to become the law on the revocation of government
regulations in lieu of laws

Government Regulation (Peraturan Pemerintah)

The President has the right to issue Government Regulations to carry out the Act as it
should, which is in accordance with Article 5 paragraph 2 of the 1945 Constitution. The
formation procedure is regulated in the article in Law No. 12 of 2011 as amended by Law No. 15
of 2019 and Presidential Regulation No. 87 of 2014 which has been amended by Presidential
Regulation No. 76 of 2021. Draft government regulations originating from ministries and/or
non-ministerial government agencies according to their field of work. Ministers or heads of
non-ministerial government agencies prepare program plans for drafting Government
Regulations and those submitting proposals for drafting Government Regulations are referred to
as Initiators. The planning program for drafting Government Regulations contains a list of titles
and subject matter for the content of the Draft Government Regulation which is prepared based
on the results of an inventory of Law delegations. The initiator must form an inter-ministerial
and/or institutional committee to further discuss the Draft Government Regulation. The
harmonization, unification, and consolidation of the conception of the Draft Government
Regulation is coordinated by the minister or the head of the institution administering government
affairs in the field of forming laws and regulations. The Minister organizes a coordination
meeting between ministries and/or institutions no later than 14 days after the list of program
plans for drafting Government Regulations is submitted. A coordination meeting is held to
finalize the list of planning programs for Drafting Government Regulations. The list of planning
programs for drafting Government Regulations is stipulated by Presidential Decree. In certain
circumstances, the Initiator may prepare a Draft Government Regulation outside the planning
program for drafting Government Regulations to the minister. Preparation of Draft Government
Regulations in certain circumstances based on the needs of the Law or the decision of the
Supreme Court.
In preparing the draft government regulation, the initiator must first submit an application
for an initiative permit to the president. An application for an initiative permit to the President is
accompanied by an explanation of the reasons for the need to draw up a Government Regulation.
In the event that the President grants an initiative permit for the preparation of Government
Regulations outside the list of planning programs for the formulation of Government
Regulations, the Initiator shall report the preparation of the Draft Government Regulation to the
minister. The President stipulates the Draft Government Regulation to become a Government
Regulation.

President Regulation (Peraturan President)

Based on Article 1 Paragraph 6 of Law No. 12 of 2011 Presidential Regulations are

statutory regulations stipulated by the President to carry out higher statutory regulations or in
exercising government power, this is also in accordance with Article 4 Paragraph 1 of the 1945
Constitution which explains that the President holds government power. As described in Article
31 of Presidential Regulation No. 87 of 2014, basically the process of forming Government
Regulations in articles 27-30 applies mutatis and mutandis to planning programs for preparing
Presidential Regulations.

Regional Regulation (Peraturan Daerah)

Based on Article 18 of the 1945 Constitution, regional governments have the right to
establish regional regulations and other regulations to carry out regional autonomy and assistance
tasks. The formation of regional regulations is regulated in Law no. 12 of 2011.
- Province
Planning for the preparation of Provincial Regulations is carried out in the
Provincial Regional Legislation Program (Prolegda Province). The material must have
links with other Laws and Regulations which constitute information regarding the
conception of the Draft Provincial Regulation which includes the background and
purpose of its preparation; goals to be realized; main idea, scope, or object to be
regulated; and the range and direction of setting. The material must also have gone
through the review and alignment as outlined in the Academic Paper. The Provincial
Prolegda is regulated by the Provincial DPRD and the Provincial Regional Government
which is determined for a period of one year based on the priority scale for the
formulation of the Draft Provincial Regulation.
 The draft Provincial Regulation can originate from the Provincial DPRD or the
Governor and must be accompanied by an explanation or statement and/or Academic
Papers except for the Provincial APBD, revocation of Provincial Regulations, or
amendments to Provincial Regulations which are only limited to changing some
materials, accompanied by a statement containing the principal organized thought and
material content. Draft Provincial Regulations can be submitted by members,
commissions, joint commissions, or the apparatus of the Provincial DPRD which
specifically handles the field of legislation. The draft Provincial Regulation that has been
prepared by the Provincial DPRD is submitted by a letter from the leadership of the
Provincial DPRD to the Governor. Meanwhile, the Governor's draft Regional Regulation
has been submitted with a letter of introduction from the Governor to the leadership of
the Provincial DPRD. If during one session of the Provincial DPRD and the Governor
submits the Draft Provincial Regulation regarding the same material, what is discussed is
the Draft Provincial Regulation submitted by the Provincial DPRD and the Draft
Provincial Regulation submitted by the Governor are used as material for comparison.
The discussion on the Draft Provincial Regulation is carried out by the Provincial
DPRD together with the Governor. The draft Provincial Regulation can be withdrawn
before being discussed jointly by the Provincial DPRD and the Governor. The draft
Provincial Regulation that is being discussed can only be withdrawn based on the joint
approval of the Provincial DPRD and the Governor. The draft Provincial Regulation
which has been jointly approved by the Provincial DPRD and the Governor is submitted
by the leadership of the Provincial DPRD to the Governor to be enacted as a Provincial
Regulation.

- Regency/City
Provisions regarding planning, drafting, discussing, ratifying or enacting, and
promulgating the Draft Provincial Regulation shall apply mutatis mutandis to planning,
drafting, discussing, validating or enacting, and promulgating Regency/Municipal
Regulations.
Reference

● Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

● Undang-Undang No. 12 Tahun 2011
● Undang-Undang No. 15 Tahun 2019
● Peraturan Presiden No. 87 Tahun 2014
● Peraturan Presiden No. 76 Tahun 2021
● Saputra, D., Kumala, F., & Firmansyah, Y. (2021). ALASAN DILAKUKANNYA 4
KALI AMANDEMEN UUD 1945 TUJUAN DAN SEJARAH PERKEMBANGAN.
Siyasah Jurnal Hukum Tatanegara, 1(1), 1-11.