Harmonization of regulations is still a problem
After the opening of the meeting by HSF Resident Representative Dr. Daniel Heilmann, the Director for Litigation at the General Directorat for Legislation, Ibu Ninik Hariwanti, explained in her keynote speech the importance of harmonization of laws in the Indonesian context. Especially important is the harmonization of regulations between the different ministries. The Ministry of Law and Human Right is in charge of the harmonization effort. Ibu Ninik Hariwanti also mentioned some problems in the process, for example, that there are no normative guidelines and no clearly stated procedural law.
The results of the working group meeting
The experts were then working in two separate groups; the first working on harmonization measures at the vertical and horizontal level. This group focused also on the review of Ministry Regulation No 32/2017 regarding the settlement of disputes through alternative dispute resolution (ADR).
The second group focused on a non-litigation procedural law, which shall include two mechanism: one mechanism in which the applicant is a natural person or group of persons, an institution, governmental body, or local government; and a second mechanism which is directly triggered by the Ministry of Law and Human Rights.
Follow-up steps
At the closing of the meeting, the Director for Litigation at the Ministry of Law and Human Rights, Prof. Widodo, thanked the Hanns Seidel Foundation for facilitation and support of this important meeting. He emphasized, that now that the pass forward is clear he hopes to conduct a simulation event to go through the steps of harmonization starting from submission of the dispute to the ministry. The goal is to compile a standard operational procedure (SOP) which includes all necessary steps for the new process. This will then become operative in the form of a Ministerial Decree.