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International Symposium on Comparative Perspective on Legislation Making Process

Thirteen countries from Europe and Asia sent their representatives to participate actively in this activity, which was took place in the capital city Jakarta and Surabaya, from 21 to 26 August 2016. The symposium aimed to comparing legislative process in Europe and Asian countries.

Participants listening to the symposium

HSF

The Hanns Seidel Foundation Indonesia supports the International Symposium for comparing the legislative process in Europe and Asia, which was organized in cooperation with the Ministry of Justice and Human Rights. Thirteen countries from Europe and Asia sent their representatives to participate actively in this activity, which was took place in the capital city Jakarta and Surabaya, from 21 to 26 August 2016. The symposium aimed to comparing legislative process in Europe and Asian countries.

At the opening of the symposium presented the General Director for Legislation at the Ministry of Justice and Human Rights, Prof. Widodo Ekatjahjana, about the legislative process in Indonesia. The Law no. 12/2011 about draft legislation, is currently in the agenda of the National Legislation. He meant, that the amendment of this law is important to synchronize the current legal development of laws.

Participants listening to the symposium

HSF

The following topics were addressed:

 

  • Presentation of different approaches in the drafting of draft legislation (positivistic / normative approach, etc.)
  • Different approaches and involvement of national parliaments in the respective national legislative procedures, as well as
  • The special integration of the fundamental rights granted under the law into the respective legal drafts and the proper evaluation of the extent to which the laws actually correspond to the principles of the respective constitution.
Group shots of the participants

HSF

These topics were clarified in the Hotel Bidakara Jakarta from 22 to 23 August 2016 in Jakarta by presentations of the respective delegations and discussed with the participants. On 23 August 2016 the activity was conducted in Surabaya. Subsequently, the popular mayors of Surabaya Ms. Tri Rismaharini invited the participants to a welcome dinner, attended by leading representatives of the Directorate-General for Legislation and Immigration at the Ministry of Justice and Human Rights. On Wednesday, 24 August 2016, a representative of the Directorate-General for Legislation gave a lecture on the concept of constitutionally granted fundamental rights, in particular on the theories of Friedrich Julius Stahl. This constitutional lawyer distinguished between naturally granted and legally protected fundamental rights. In either case, the Constitutional Court or a comparable institution at the highest court is responsible for granting and asserting those rights.

Participants listening to the symposium

HSF

After that, the head of the Indonesian Immigration Service gave a further lecture on the protection of constitutionally granted fundamental rights, in particular on crimes committed in the area of human trafficking and the immigration of illegal refugees / migrants. Although Indonesia has not yet joined the various UN guidelines on the treatment of refugees, the Indonesian state has agreed to grant refugees, shelter and shelter, as long as their stay is temporary. Within this framework, deportation procedures are used to move refugees to third countries. However, the refugees often go under this scheme by marrying Indonesian citizens, and in the longer term they are given a permanent residence status in Indonesia.

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