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 GoalsIRM 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
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:
- 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.
- 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.
[85] Ahmad Hanafi (Indonesian Parliamentary Center), interview by IRM researcher, 8 Mar. 2019.
Commitments
-
Platform for Improved Legislative Data and Information
ID0106, 2018, Capacity Building
-
Make Legislative Information More Accessible
ID0107, 2018, E-Government
-
Improving Documentation and Access to Information on Parliamentary Sessions
ID0108, 2018, E-Government
-
Formulation of the Open Parliament Indonesia Roadmap
ID0109, 2018, Capacity Building
-
Establishing the Open Parliament Indonesia Institution
ID0110, 2018, Legislative
-
Extractives Data Management
ID0092, 2018, Anti-Corruption
-
Transparency and Participation in Health Data
ID0093, 2018, E-Government
-
Public Service Data
ID0094, 2018, E-Government
-
Participatory Education Budget
ID0095, 2018, Capacity Building
-
Participatory Village Government Planning
ID0096, 2018, Capacity Building
-
Civic Participation in E-Legislation Portal
ID0097, 2018, E-Government
-
Election Data Openness
ID0098, 2018, Access to Information
-
Health Service Data
ID0099, 2018, E-Government
-
Public Consultation Reform
ID0100, 2018, Capacity Building
-
LAPOR!-SP4N Quality Improvements
ID0101, 2018, Capacity Building
-
Complaint System for Environment
ID0102, 2018, Anti-Corruption
-
Government Procurement Transparency
ID0103, 2018, Anti-Corruption
-
Strenthening Open Data
ID0104, 2018, Access to Information
-
Improvements to Legal Aid
ID0105, 2018, Access to Justice
-
Open Government Strategic Plan
ID0047, 2016,
-
Public Agency Consultation Guidlines
ID0048, 2016, Capacity Building
-
Good Governance Manual and Public Consultations to Reach SDGs
ID0049, 2016, Capacity Building
-
Geospatial Information Management
ID0050, 2016, Capacity Building
-
Monitoring Public Services by Ombudsman
ID0051, 2016, E-Government
-
Ombudsman Overseeing Public Services
ID0052, 2016,
-
Public Services at Ministry of Education and Culture
ID0053, 2016, Capacity Building
-
Public Services at Ministry of Religious Affairs
ID0054, 2016,
-
Development of LAPOR into SP4N
ID0055, 2016, Capacity Building
-
Public Complaints Administration Integration into LAPOR!-SP4N
ID0056, 2016, Capacity Building
-
LAPOR!- SP4N as Citizen Aspiration and Complaints Platform
ID0057, 2016, Capacity Building
-
1 Million Complaints Via LAPOR! by 2016
ID0058, 2016, E-Government
-
LAPOR! Public Accountability
ID0059, 2016, Public Participation
-
Interconnectivity of SOEs to LAPOR!
ID0060, 2016, Capacity Building
-
Environment and Forrest Sector Public Complaints
ID0061, 2016, E-Government
-
Strengthened Village Governance
ID0062, 2016, Capacity Building
-
Public Information Disclosure Through Ministry of Health
ID0063, 2016, E-Government
-
Public Information Disclosure Through Ministry of Education and Culture
ID0064, 2016, E-Government
-
Public Information Disclosure Through Ministry of Research Technology and Higher Education
ID0065, 2016, E-Government
-
Public Information Disclosure at Higher Education Institutions
ID0066, 2016, E-Government
-
Budget Transparency Information System
ID0067, 2016, E-Government
-
Inter Agency Data Governance
ID0068, 2016, Capacity Building
-
Open Data Implementation
ID0069, 2016, Capacity Building
-
Public Complaints Channels
ID0070, 2016, Capacity Building
-
Information Disclosure at Village Levels
ID0071, 2016, E-Government
-
Increase in Number of Open Data
ID0072, 2016, Access to Information
-
Improved Public Services
ID0073, 2016, Capacity Building
-
Transparency in the Regional Government Budget System
ID0074, 2016, E-Government
-
Procurement Disclosure in Bandung
ID0075, 2016, Anti-Corruption
-
Enhancing the LAPOR! Application
ID0076, 2016, E-Government
-
Public Complaints Services in the City of Bandung
ID0077, 2016, Public Participation
-
Information Disclosure on Citizens’ Proposals to DPRD
ID0078, 2016, E-Government
-
Greater Public Participation in Disseminating Development Information
ID0079, 2016, Education
-
"One Data Indonesia” in Semarang.
ID0080, 2016, Access to Information
-
One Data Basis for Semarang
ID0081, 2016, Access to Information
-
Enhanced Public Information Disclosure
ID0082, 2016, E-Government
-
Public Monitoring of Services in Semarang
ID0083, 2016, Capacity Building
-
Access to Information on DPRD
ID0084, 2016, Capacity Building
-
Data Governance of DPRD
ID0085, 2016, Fiscal Openness
-
Infrastructure for Fublic Information Disclosure
ID0086, 2016, Capacity Building
-
Public Information Communications Strategy
ID0087, 2016, Subnational
-
Information Through Jakarta.Go.Id Portal
ID0088, 2016, Capacity Building
-
Public Services Complaint Channel
ID0089, 2016, Public Participation
-
Strengthening of Data Governance
ID0090, 2016, Access to Information
-
Public Participation in Development Planning
ID0091, 2016, E-Government
-
Strengthening Transparency Infrastructure of Public Bodies
ID0028, 2014,
-
Strengthening Infrastructure of Central and Local Information Commission
ID0029, 2014, Capacity Building
-
Strengthening Institutional and Human Resources Infrastructure for Public Services
ID0030, 2014, Public Participation
-
Improve Quality of Openness in Health Services
ID0031, 2014, Health
-
Improve Quality of Openness in Education Services
ID0032, 2014, E-Government
-
Accelerate Open and Good Governance Practices in Law Enforcement
ID0033, 2014, E-Government
-
Accelerate Open and Good Governance Practices in Goods and Services Procurement
ID0034, 2014, Anti-Corruption
-
Accelerate Open and Good Governance Practices in Business Development and Investment Sector
ID0035, 2014, Capacity Building
-
Accelerate Open and Good Governance Practices in Land Affairs
ID0036, 2014, Land Rights and Spatial Planning
-
Accelerate Open and Good Governance Practices in Management of Migrant Workers
ID0037, 2014, Citizenship & Immigration
-
Accelerate Open and Good Governance Practices in Hajj Management
ID0038, 2014,
-
Accelerate Open and Good Governance Practices in Natural Resources Management
ID0039, 2014, Anti-Corruption
-
Improve Public Participation in Development Planning
ID0040, 2014, E-Government
-
Improve Public Participation in House of Representative and Regional Representative Council
ID0041, 2014, Legislative
-
Improve Public Participation in Environmental Preservation
ID0042, 2014, Environment and Climate
-
Community Empowerment to Handle Poor Society and People with Disabilities and Special Needs
ID0043, 2014, Health
-
Community Empowerment to Support Environmental Sustainability
ID0044, 2014, Environment and Climate
-
Community Empowerment to Strengthen Agriculture Sector
ID0045, 2014, Capacity Building
-
Community Empowerment to Develop Creative Sector
ID0046, 2014, E-Government
-
Motor Vehicle Services
ID0013, 2013, Infrastructure & Transport
-
Public School Funding
ID0014, 2013, Anti-Corruption
-
Hajj Services: Ministry of Religious Affairs
ID0015, 2013, Anti-Corruption
-
Marriage Services: Office of Religious Affairs
ID0016, 2013,
-
Toll Roads
ID0017, 2013,
-
Land Affairs Transparency
ID0018, 2013, E-Government
-
Forest Management
ID0019, 2013, Anti-Corruption
-
Transparency and Accountability in Natural Resources Management Activity
ID0020, 2013, Access to Information
-
Oil, Gas, and Mining Revenue Transparency
ID0021, 2013, Anti-Corruption
-
Appointments of Information and Documentation Management Officials (PPID) in National Agencies and Enactments of their Standard Operating Procedure
ID0022, 2013, Access to Information
-
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
-
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
-
Encouraging Comprehensive Implementation of Open Government in Pilot Province/Regency/City
ID0025, 2013, Subnational
-
Integration of Performance-Based Budgeting
ID0026, 2013, Fiscal Openness
-
Ensuring the Publication of Budget Plan (RKA/DIPA)
ID0027, 2013, Fiscal Openness
-
Poverty Reduction
ID0001, 2011, E-Government
-
Education Subsidies
ID0002, 2011, Education
-
Health Subsidies
ID0003, 2011, Health
-
Police
ID0004, 2011, Dispute Resolution & Legal Assistance
-
High Corruption Risk
ID0005, 2011, E-Government
-
Civil Service Recruitment
ID0006, 2011, Capacity Building
-
Land Administration
ID0007, 2011, E-Government
-
National Budget Information
ID0008, 2011, Anti-Corruption
-
District Budget Information
ID0009, 2011, Fiscal Openness
-
e-Procurement
ID0010, 2011, Anti-Corruption
-
One-Map Portal
ID0011, 2011, E-Government
-
Environmental Openness
ID0012, 2011, Anti-Corruption