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Indonesia

Civic Participation in E-Legislation Portal (ID0097)

Overview

At-a-Glance

Action Plan: Indonesia Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Ministry of Home Affairs

Support Institution(s): 1. Ministry of Communication and Informatics 2. Central Information Commission, Indonesian Parliamentary Center (IPC)

Policy Areas

E-Government, Legislation & Regulation, Legislative, Sustainable Development Goals

IRM Review

IRM Report: Indonesia Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Civic Participation , Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

January 2019 - December 2020
Commitment Description
Lead implementing
agency/actor
Ministry of Home Affairs
Law of the Republic of Indonesia Number 12/2011
article 96 act 1 on the Establishment of Legislation
mentions that “people have right to provide input orally
and/or written in the Establishment on Legislation” in
which Local Regulation in Provinces and Districts are
included in the legislation hierarchy. It is stated that
people have the right to participate in the process of
developing the regulation as the requirement of the
democratic policy. However, there are still some
factors that obstruct people’s opportunity to participate
in forming local regulation. The main factors are lack
of access to the process and minimum facility
available. Breakthrough is needed to empower
people’s role in the development of local regulation.
What is the public problem that
the commitment will address?
The commitment of E-Legislation portal is not a new
innovation because it is already implemented in
Semarang and Makassar. For replicating reason, the
purpose of this commitment is to accelerate the use of
E-Legislation in other regions. The portal contains
legislative programs, drafts of the new regulation,
discussion agendas, minutes of the meeting and online
public consultation menu.
What is the commitment?
The openness of the law-making process through
E-Legislation portal will benefit the society’s needs in
so many levels, such as the information of the process
of developing the regulation, the Regional House of
Representative activities, and online public
consultation menu. Moreover, this platform will be
user-friendly designed.
How will the commitment
contribute to solve the public
problem?
The commitment is aligned with some of Open
Government Partnership (OGP) values which are civic
participation and transparency.
Why is this commitment relevant
to OGP values?
25 Indonesia Open Government Partnership National Action Plan 2018-2020
On this commitment, the Ministry of Home Affairs
has to issue circular letters to the Secretariat of the
Regional House of Representative. In parallel, the
ministry will develop the E-Legislation platform in the
regions. This platform will provide the bill documents,
comment box and the issuance of regulation in the
regional level. ● Civic participation is related to the openness in the
decision-making process involving people
extensively from various background. In this case,
by providing an E-Legislation platform to uphold
democratic space in the local regulation
making-process, the government has manifested
the value of civic participation.
● Transparency is related to the quality of public
information and people access the information.
This value is manifested in the e-Legislation which
enable people to access the proposed regional
regulation.
The commitment is also aligned with achievement
effort of Sustainable Development Goals (SDGs)
number 16: “Promote peaceful and inclusive societies
for sustainable development, provide access to justice
for all and effective, accountable and inclusive
institution at all levels”, especially on target 16.7:
“Ensure responsive, inclusive, participatory, and
representative decision-making at all levels”.
Participatory decision-making process up to the
regional level can create an inclusive and peaceful
society for sustainable development in Indonesia.
Additional information
Milestone Activity with a verifiable
deliverable
Start Date: End Date:
1. the availability of Ministry of
Home Affairs’ circular letters to the
Secretariat of Regional House of
Representative regarding
participation on legislative process
through E-Legislation portal
January 2019 July 2019
2. The availability of E-Legislation
platform on Regional House of
Representative’s website in 5
regions.
January 2019 December 2020
Contact information
Other Actors
Involved
State actors
involved
1. Ministry of Communication and Informatics
2. Central Information Commission
CSOs, private
sector, multilaterals,
working groups
Indonesian Parliamentary Center (IPC)

IRM Midterm Status Summary

6. The Enhancement of Civic Participation in the Process of Developing Local Legislation through E-Legislation Portal

Language of the commitment as it appears in the action plan:

The commitment of E-Legislation portal is not a new innovation because it is already implemented in Semarang and Makassar. For replicating reason, the purpose of this commitment is to accelerate the use of E-Legislation in other regions. The portal contains legislative programs, drafts of the new regulation, discussion agendas, minutes of the meeting, and online public consultation menu.

On this commitment, the Ministry of Home Affairs has to issue circular letters to the Secretariat of the Regional House of Representative. In parallel, the Ministry will develop the E-Legislation platform in the regions. This platform will provide the bill documents, comment box and the issuance of regulation in the regional level.

Milestones:

  1. The availability of Ministry of Home Affairs’ circular letters to the Secretariat of Regional House of Representative regarding participation on legislative process through E-Legislation portal.
  2. The availability of E-Legislation platform on Regional House of Representative’s website in 5 regions.

Start Date: January 2019                                                               End Date: December 2020

Context and Objectives

This commitment follows the successful implementation [81] of a similar commitment from the City of Semarang in the previous action plan. Through this commitment, the Ministry of Home Affairs will develop an e-legislation portal to increase citizen participation in the legislative process as well as access to legislation information.

The House of Representatives (DPR) performs the legislative function at the national level, and the Local Peoples Representative Councils (DPRD) has a similar function at the local level. DPRD members can draft local regulations (Perda) with their government counterparts at the provincial, city, and regency levels independent of the DPR, as long as they do not contradict regulations existing laws that take precedent.

In fulfilling its legislative function, every Local Peoples Representative Council must abide by Law No. 12/2011 on the Formulation of Regulatory Legislation. [82] Article 96 of this law explicitly requires public participation in forming legislation through a general hearing, direct visits to constituencies, socialization activities to disseminate information on how citizens can participate in local legislation process, and/or a seminar to gain feedback from citizens. [83] To optimize public participation, the law mandates that every draft law formed by Local Peoples Representative Councils be easily accessible by the public. [84]

Despite this law, there are no clear mechanisms across local governments that regulate local public participation. [85] Additionally, a lack of regulation and standards in data governance contribute to low availability of legislation data. This effectively limits the ability of citizens to hold their local representatives accountable during the legislative process. To improve this situation, the government aims to develop e-legislation portals in five regions as part of a pilot project with an emphasis on making legislative process information easily accessible online. The Ministry of Home Affairs will determine which five regions will participate in the project during the implementation stage.

The government’s focus in this commitment is to ensure compliance with Law No. 12/2011 across the five Local Peoples Representative Councils selected for the pilot project. To do so, the Ministry of Home Affairs will ensure the development of publicly accessible e-legislation portals  with a standardized menu configuration. The Ministry of Home Affairs already has an internal system named e-Perda where all Local Peoples Representative Councils across the nation regularly report their legislation activities and documents. However, this e-Perda platform is only accessible by government officials for monitoring and evaluation purposes. Through the e-legislation platform in this commitment, the Ministry aims to open up public access to legislation information while still maintaining the e-Perda platform for internal coordination between the central and local governments.

With proper implementation, this commitment has moderate potential to change the legislation process at the local level as an unclear mechanism for public participation continues to be a barrier in ensuring a truly participatory legislation process. The design of this commitment does not specify the extent of how public participation would influence legislation process. It is also difficult to determine the full extent of this commitment’s ambition as the government has yet to decide the locations of the five pilot projects.

Next Steps

In implementing this commitment, the government should focus on the following steps to support the development of the e-legislation portal:

  • Give citizens access to information throughout legislation process from early planning to finalization through the e-legislation portal to facilitate informed participation;
  • Establish a clear mechanism that institutionalizes public consultation as an element in local legislation; and
  • Develop a strategy to raise public awareness of the opportunities to participate and influence local legislation by ensuring easy access to comprehensive information.

[81] Open Government Partnership, “Independent Reporting Mechanism (IRM) Indonesia End-of-Term Report 2016–2017” (2019), https://www.opengovpartnership.org/wp-content/uploads/2019/08/Indonesia_End-of-Term_Report_2016-2017_EN.pdf.

[82] Government of Indonesia, “Undang-Undang No. 12/2011 tentang Pembentukan Peraturan Perundang-Undangan” (2011), https://kelembagaan.ristekdikti.go.id/wp-content/uploads/2016/08/UU-12-Tahun-2011.pdf.

[83] Ibid.

[84] Ibid.

[85] Ahmad Hanafi (Indonesian Parliamentary Center), interview by IRM researcher, 8 Mar. 2019.

Commitments

  1. Platform for Improved Legislative Data and Information

    ID0106, 2018, Capacity Building

  2. Make Legislative Information More Accessible

    ID0107, 2018, E-Government

  3. Improving Documentation and Access to Information on Parliamentary Sessions

    ID0108, 2018, E-Government

  4. Formulation of the Open Parliament Indonesia Roadmap

    ID0109, 2018, Capacity Building

  5. Establishing the Open Parliament Indonesia Institution

    ID0110, 2018, Legislative

  6. Extractives Data Management

    ID0092, 2018, Anti-Corruption

  7. Transparency and Participation in Health Data

    ID0093, 2018, E-Government

  8. Public Service Data

    ID0094, 2018, E-Government

  9. Participatory Education Budget

    ID0095, 2018, Capacity Building

  10. Participatory Village Government Planning

    ID0096, 2018, Capacity Building

  11. Civic Participation in E-Legislation Portal

    ID0097, 2018, E-Government

  12. Election Data Openness

    ID0098, 2018, Access to Information

  13. Health Service Data

    ID0099, 2018, E-Government

  14. Public Consultation Reform

    ID0100, 2018, Capacity Building

  15. LAPOR!-SP4N Quality Improvements

    ID0101, 2018, Capacity Building

  16. Complaint System for Environment

    ID0102, 2018, Anti-Corruption

  17. Government Procurement Transparency

    ID0103, 2018, Anti-Corruption

  18. Strenthening Open Data

    ID0104, 2018, Access to Information

  19. Improvements to Legal Aid

    ID0105, 2018, Access to Justice

  20. Open Government Strategic Plan

    ID0047, 2016,

  21. Public Agency Consultation Guidlines

    ID0048, 2016, Capacity Building

  22. Good Governance Manual and Public Consultations to Reach SDGs

    ID0049, 2016, Capacity Building

  23. Geospatial Information Management

    ID0050, 2016, Capacity Building

  24. Monitoring Public Services by Ombudsman

    ID0051, 2016, E-Government

  25. Ombudsman Overseeing Public Services

    ID0052, 2016,

  26. Public Services at Ministry of Education and Culture

    ID0053, 2016, Capacity Building

  27. Public Services at Ministry of Religious Affairs

    ID0054, 2016,

  28. Development of LAPOR into SP4N

    ID0055, 2016, Capacity Building

  29. Public Complaints Administration Integration into LAPOR!-SP4N

    ID0056, 2016, Capacity Building

  30. LAPOR!- SP4N as Citizen Aspiration and Complaints Platform

    ID0057, 2016, Capacity Building

  31. 1 Million Complaints Via LAPOR! by 2016

    ID0058, 2016, E-Government

  32. LAPOR! Public Accountability

    ID0059, 2016, Public Participation

  33. Interconnectivity of SOEs to LAPOR!

    ID0060, 2016, Capacity Building

  34. Environment and Forrest Sector Public Complaints

    ID0061, 2016, E-Government

  35. Strengthened Village Governance

    ID0062, 2016, Capacity Building

  36. Public Information Disclosure Through Ministry of Health

    ID0063, 2016, E-Government

  37. Public Information Disclosure Through Ministry of Education and Culture

    ID0064, 2016, E-Government

  38. Public Information Disclosure Through Ministry of Research Technology and Higher Education

    ID0065, 2016, E-Government

  39. Public Information Disclosure at Higher Education Institutions

    ID0066, 2016, E-Government

  40. Budget Transparency Information System

    ID0067, 2016, E-Government

  41. Inter Agency Data Governance

    ID0068, 2016, Capacity Building

  42. Open Data Implementation

    ID0069, 2016, Capacity Building

  43. Public Complaints Channels

    ID0070, 2016, Capacity Building

  44. Information Disclosure at Village Levels

    ID0071, 2016, E-Government

  45. Increase in Number of Open Data

    ID0072, 2016, Access to Information

  46. Improved Public Services

    ID0073, 2016, Capacity Building

  47. Transparency in the Regional Government Budget System

    ID0074, 2016, E-Government

  48. Procurement Disclosure in Bandung

    ID0075, 2016, Anti-Corruption

  49. Enhancing the LAPOR! Application

    ID0076, 2016, E-Government

  50. Public Complaints Services in the City of Bandung

    ID0077, 2016, Public Participation

  51. Information Disclosure on Citizens’ Proposals to DPRD

    ID0078, 2016, E-Government

  52. Greater Public Participation in Disseminating Development Information

    ID0079, 2016, Education

  53. "One Data Indonesia” in Semarang.

    ID0080, 2016, Access to Information

  54. One Data Basis for Semarang

    ID0081, 2016, Access to Information

  55. Enhanced Public Information Disclosure

    ID0082, 2016, E-Government

  56. Public Monitoring of Services in Semarang

    ID0083, 2016, Capacity Building

  57. Access to Information on DPRD

    ID0084, 2016, Capacity Building

  58. Data Governance of DPRD

    ID0085, 2016, Fiscal Openness

  59. Infrastructure for Fublic Information Disclosure

    ID0086, 2016, Capacity Building

  60. Public Information Communications Strategy

    ID0087, 2016, Subnational

  61. Information Through Jakarta.Go.Id Portal

    ID0088, 2016, Capacity Building

  62. Public Services Complaint Channel

    ID0089, 2016, Public Participation

  63. Strengthening of Data Governance

    ID0090, 2016, Access to Information

  64. Public Participation in Development Planning

    ID0091, 2016, E-Government

  65. Strengthening Transparency Infrastructure of Public Bodies

    ID0028, 2014,

  66. Strengthening Infrastructure of Central and Local Information Commission

    ID0029, 2014, Capacity Building

  67. Strengthening Institutional and Human Resources Infrastructure for Public Services

    ID0030, 2014, Public Participation

  68. Improve Quality of Openness in Health Services

    ID0031, 2014, Health

  69. Improve Quality of Openness in Education Services

    ID0032, 2014, E-Government

  70. Accelerate Open and Good Governance Practices in Law Enforcement

    ID0033, 2014, E-Government

  71. Accelerate Open and Good Governance Practices in Goods and Services Procurement

    ID0034, 2014, Anti-Corruption

  72. Accelerate Open and Good Governance Practices in Business Development and Investment Sector

    ID0035, 2014, Capacity Building

  73. Accelerate Open and Good Governance Practices in Land Affairs

    ID0036, 2014, Land Rights and Spatial Planning

  74. Accelerate Open and Good Governance Practices in Management of Migrant Workers

    ID0037, 2014, Citizenship & Immigration

  75. Accelerate Open and Good Governance Practices in Hajj Management

    ID0038, 2014,

  76. Accelerate Open and Good Governance Practices in Natural Resources Management

    ID0039, 2014, Anti-Corruption

  77. Improve Public Participation in Development Planning

    ID0040, 2014, E-Government

  78. Improve Public Participation in House of Representative and Regional Representative Council

    ID0041, 2014, Legislative

  79. Improve Public Participation in Environmental Preservation

    ID0042, 2014, Environment and Climate

  80. Community Empowerment to Handle Poor Society and People with Disabilities and Special Needs

    ID0043, 2014, Health

  81. Community Empowerment to Support Environmental Sustainability

    ID0044, 2014, Environment and Climate

  82. Community Empowerment to Strengthen Agriculture Sector

    ID0045, 2014, Capacity Building

  83. Community Empowerment to Develop Creative Sector

    ID0046, 2014, E-Government

  84. Motor Vehicle Services

    ID0013, 2013, Infrastructure & Transport

  85. Public School Funding

    ID0014, 2013, Anti-Corruption

  86. Hajj Services: Ministry of Religious Affairs

    ID0015, 2013, Anti-Corruption

  87. Marriage Services: Office of Religious Affairs

    ID0016, 2013,

  88. Toll Roads

    ID0017, 2013,

  89. Land Affairs Transparency

    ID0018, 2013, E-Government

  90. Forest Management

    ID0019, 2013, Anti-Corruption

  91. Transparency and Accountability in Natural Resources Management Activity

    ID0020, 2013, Access to Information

  92. Oil, Gas, and Mining Revenue Transparency

    ID0021, 2013, Anti-Corruption

  93. Appointments of Information and Documentation Management Officials (PPID) in National Agencies and Enactments of their Standard Operating Procedure

    ID0022, 2013, Access to Information

  94. Starred commitment Formulation of a Working Plan and a Well-Operated Tracking System for Business/Investment Licensing Servies in 10 Provinces and 10 Regencies/Cities

    ID0023, 2013, E-Government

  95. Encouraging the Acceleration of the Operational Formation for Information Services in Local Government through the Formation of Local Government's PPID and its Tools

    ID0024, 2013, Access to Information

  96. Encouraging Comprehensive Implementation of Open Government in Pilot Province/Regency/City

    ID0025, 2013, Subnational

  97. Integration of Performance-Based Budgeting

    ID0026, 2013, Fiscal Openness

  98. Ensuring the Publication of Budget Plan (RKA/DIPA)

    ID0027, 2013, Fiscal Openness

  99. Poverty Reduction

    ID0001, 2011, E-Government

  100. Education Subsidies

    ID0002, 2011, Education

  101. Health Subsidies

    ID0003, 2011, Health

  102. Police

    ID0004, 2011, Dispute Resolution & Legal Assistance

  103. High Corruption Risk

    ID0005, 2011, E-Government

  104. Civil Service Recruitment

    ID0006, 2011, Capacity Building

  105. Land Administration

    ID0007, 2011, E-Government

  106. National Budget Information

    ID0008, 2011, Anti-Corruption

  107. District Budget Information

    ID0009, 2011, Fiscal Openness

  108. e-Procurement

    ID0010, 2011, Anti-Corruption

  109. One-Map Portal

    ID0011, 2011, E-Government

  110. Environmental Openness

    ID0012, 2011, Anti-Corruption

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