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Minister of Law and Human Rights Regulation on the Settlement of Disharmony Between Law and Regulations Through Mediation 

by Vincent Lie, Towy Aryanosa,Putri Rachelia Azzura

Published: May, 2019

Submission: November, 2019

 



Overview


On 12 February 2019, the Minister of Laws and Human Rights (“MOLHR”) issued Regulation No. 2 of 2019 on The Settlement of Disharmony between Laws and Regulations through Mediation (“MOLHR Reg 2/2019”), which came into effect on 14 February 2019.


MOLHR Reg 2/019 replaces the previous regulation on the same subject, MOLHR Regulation No. 32 of 2017 on The Procedure for the Settlement of Disputes over Laws and Regulations through Non-Litigation.


 


Scope


MOLHR Reg 2/2019 reinstates the non-litigation settlement of disharmony issues between laws and regulations by introducing mediation. The types of laws and regulations between which disharmony can be resolved through mediation include:


  1. Ministerial regulations;
  2. Non-ministerial government institution* regulations;
  3. Non-structural institution** regulations; and
  4. Regional laws and regulations.

The above regulations can be submitted for mediation if they vertically and horizontally contradict each other and (i) cause disharmony between legal norms; (ii) conflicts of authority between ministries/institutions; (iii) cause injustice for communities and business actors; or (iv) disrupt the investment climate, business, as well as national and regional economic activities.


Mediation can commence upon receipt of the following:


  1. an application from the parties; or
  2. an order from the MOLHR; in which case, MOLHR will assign the Director General of Laws and Regulations (“DGLR”) to conduct the mediation without first receiving an application from any party.

 


Written by Vincent Ariesta Lie, Towy Aryanosa, and Putri Rachelia Azzura, read about the applications, mediation procedures, and comments in this link.


 


Footnotes:

*Non-ministerial government institutions are state institutions formed to implement certain government’s duties from the President, among others: State Intelligence Agency (Badan Intelijen Negara – BIN), National Narcotics Agency (Badan Narkotika Nasional – BNN), (Badan Pengawasan Obat dan Makanan – BPOM), etc. The head of a non-ministerial government institution holds a direct responsibility to the President.


**Non-structural institutions are institutions which are formed by laws to support certain government’s function funded by the state budget, among others: Corruption Eradication Commission (Komisi Pemberantasan Korupsi – KPK), Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha – KPPU), National Police Commission (Komisi Kepolisian Nasional – Kompolnas), Press Council (Dewan Pers), etc



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