Corruption Prevention in Legislative Drafting in Indonesia

Corruption not only happens in the implementation of legislation or policy (administrative corruption) but also in the process of legislative drafting (state capture). Since the establishment of the Corruption Eradication Commission (KPK), many members of the House of Representatives (DPR), the Regional Legislative Council (DPRD), or government officials have been arrested and convicted of criminal acts due to legislative corruption. In legislative corruption, the actors involved consist of the interest parties and lawmakers. The interest parties attempt to obtain political, economic, and social benefits (supernormal profits) from the formulated legislation. To the same extent, the lawmakers expect the money or other personal benefits from the interest parties in return for the assistance given. Legislative corruption will lead to disorganized policy implementation, loss on the national economy, public distrust of the law-maker institutions, and long-term effect of distrust of law and democracy. Several prevention strategies of legislative corruption can be employed by improving four principles of legislative drafting: management, professionalism, justification, and public participation.

Opening Shot

Yuan-tsung Chen writes her memoir in the midst of growing unrest when in 2019 the Communist rulers try to pass an extradition law in Hong Kong’s Legislative Council. To begin with, they set about “reforming” middle schoolers’ education— for instance, through the Orwellian rewriting of the history of the Cultural Revolution, from the ten-year-long “cataclysm” (Hao Jie—浩劫‎) to the ten years of “arduous exploration and development achievement.” Even according to the official death toll, 1.7 million people perished in the Cultural Revolution. The dead had families or relatives, friends or lovers, so how many more lives were ruined? Yuan-tsung simply cannot accept such a whitewashing without a guilty conscience. She is fully aware of the consequences of confronting the untruth. Nevertheless, she decides to write what she witnessed, saw, and understood as truth.

On Ballance: a Biography of John Ballance, Journalist and Politician, 1839-1893

<p>This thesis is a biography of John Ballance, New Zealand's first Liberal Premier. It examines his career as journalist and politician, from his arrival in New Zealand and Wanganui in 1866 until his death in 1893. Ballance is viewed from a number of different perspectives: as editor and owner of a 'frontier' town's newspaper, as a prominent Wanganui personality closely involved in promoting local development, as Member of the House of Representatives and, finally, as a national political leader. The first chapter looks briefly at Ballance's early life in the north of Ireland and Birmingham. Chapter two then discusses his arrival in Wanganui, the establishment of the Evening Herald, and his participation in the war against Titokowaru. The following chapter begins with an examination of Ballance's attitude to political and economic issues of the 1870s, in particular his opposition to the provincial system, and ends with his entering Parliament for the first time in 1875. A little over two years later he became Colonial Treasurer in the Grey Government (chapter four). Chapter five covers the period 1879 to 1884, and Ballance's only electoral defeat, in 1881. Chapter six examines the broad base of his liberal philosophy, and shows how its different strands are inter-related, all pointing to a democratic, secular society, with considerable emphasis on individual and national self-reliance. In 1884 Ballance re-entered Parliament, and became Minister of Lands and Native Minister in the Stout-Vogel Government. His activities and initiatives when holding these two portfolios are the subject of chapter seven. Chapters eight and nine lead up to the crucial election of 1890. Ballance, after some initial hesitation, accepted the leadership of the Opposition in 1889. Land reform predominated his campaign at the election. Chapters ten to twelve discuss Ballance in power (1891-93). His major problem was to secure and consolidate the new Liberal regime, in the face of opposition to government measures from the Legislative Council and an alleged withdrawal of capital from the country. Ballance's reaction was to pursue a non-borrowing, self-reliant policy, and to establish a Liberal Federation to organise support for the Government at grass roots level. The conclusion discusses the 'Ballance tradition'.</p>

On Ballance: a Biography of John Ballance, Journalist and Politician, 1839-1893

<p>This thesis is a biography of John Ballance, New Zealand's first Liberal Premier. It examines his career as journalist and politician, from his arrival in New Zealand and Wanganui in 1866 until his death in 1893. Ballance is viewed from a number of different perspectives: as editor and owner of a 'frontier' town's newspaper, as a prominent Wanganui personality closely involved in promoting local development, as Member of the House of Representatives and, finally, as a national political leader. The first chapter looks briefly at Ballance's early life in the north of Ireland and Birmingham. Chapter two then discusses his arrival in Wanganui, the establishment of the Evening Herald, and his participation in the war against Titokowaru. The following chapter begins with an examination of Ballance's attitude to political and economic issues of the 1870s, in particular his opposition to the provincial system, and ends with his entering Parliament for the first time in 1875. A little over two years later he became Colonial Treasurer in the Grey Government (chapter four). Chapter five covers the period 1879 to 1884, and Ballance's only electoral defeat, in 1881. Chapter six examines the broad base of his liberal philosophy, and shows how its different strands are inter-related, all pointing to a democratic, secular society, with considerable emphasis on individual and national self-reliance. In 1884 Ballance re-entered Parliament, and became Minister of Lands and Native Minister in the Stout-Vogel Government. His activities and initiatives when holding these two portfolios are the subject of chapter seven. Chapters eight and nine lead up to the crucial election of 1890. Ballance, after some initial hesitation, accepted the leadership of the Opposition in 1889. Land reform predominated his campaign at the election. Chapters ten to twelve discuss Ballance in power (1891-93). His major problem was to secure and consolidate the new Liberal regime, in the face of opposition to government measures from the Legislative Council and an alleged withdrawal of capital from the country. Ballance's reaction was to pursue a non-borrowing, self-reliant policy, and to establish a Liberal Federation to organise support for the Government at grass roots level. The conclusion discusses the 'Ballance tradition'.</p>

POLITIK HUKUM PEMBENTUKAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL PERSPEKTIF HUKUM ISLAM

This paper aims to analyze the process of forming the Draft Law on the Elimination of Sexual Violence (RUU Elimination of KS) from the perspective of Islamic law and analyze the political configuration in the formation of the law. The method used is descriptive analysis with the type of normative-empirical research. This method is considered able to answer all the main problems in this study. The results show that, in Islamic law a leader is obliged to maintain the soul, mind, dignity and worth of his people. Islam does not justify violence against women, Islam commands that every human being can give love and affection to women without violence as stated in QS. Ar-Rum (30): 21. To prevent sexual violence against women and uphold moral values, the leader must form a regulation as a form of responsibility from a leader to his people. These regulations must be obeyed and implemented by all his people, this is explained in (QS. An -Nisa, (04); 59. In the formation of the Draft Law on the Elimination of KS, there was a tug of war. Since 2016 until now, the Bill on the Elimination of KS has been in and out of the National Legislative Council (Prolegnas) however, until now it has not been ratified for various reasons given until it was clashed with religious beliefs The ratcheting up of the ratification of the KS Abolition Bill shows the reluctance of the legislature to provide legal protection to the public.Abstrak: Tulisan ini bertujuan untuk menganalisis proses pembentukan Rancangan Undang-Undang tentang Penghapusan Kekerasan Seksual (RUU Penghapusan KS) ditinjau dari perspektif hukum Islam dan menganalisis konfigurasi politik dalam pembentukan Undang-Undang tersebut. Metode yang digunakan adalah analisis deskriptif dengan jenis penelitian normatif-empiris yang dianggap mampu menjawab semua pokok permasalahan dalam penelitian ini. Hasil penelitian menunjukkan bahwa dalam hukum Islam seorang pemimpin wajib menjaga jiwa, akal, harkat dan martabat dari rakyatnya. Islam tidak membenarkan adanya kekerasan terhadap perempuan, Islam memerintahkan agar setiap manusia dapat memberikan kasih dan sayang kepada perempuan tanpa adanya kekerasan sebagaimana tertuang dalam QS.Ar-Rum (30):21. Untuk menjaga agar tidak adanya kekerasa seksual terhadap perempuan dan menjunjung tinggi nilai moralitas, maka pemimpin harus membentuk suatu peraturan sebagai bentuk tanggung jawab dari seorang pemimpin kepada rakyatnya. Peraturan tersebut wajib dipatuhi dan dilaksanakan oleh semua rakyat­nya, hal ini dijelaskan dalam (QS. An-Nisa, (04);59. Dalam pembentukan RUU Penghapusan KS terjadi tarik ulur. Sejak tahun 2016 hingga saat ini, RUU Penghapusan KS telah berapa kali keluar masuk Prolegnas, namun sampai saat ini belum kunjung disahkan dengan berbagai alasan yang diberikan sampai dibentrokan dengan keyakinan agama. Tarik ulur pembahasan RUU Penghapusan KS menunjukan, keengganan dari badan legislatif dalam memberikan payung hukum kepada masyarakat.

Keterlibatan Ulama dalam Pemenangan Caleg DPRD Provinsi Dapil VI Tahun 2019 (Studi Kasus Desa Sukacinta Kecamatan Sungai Rotan Kabupaten Muara Enim)

ABSTRACT This study aims, firstly to determine the interaction of ulama with the government and political figures and second to determine the form of ulama involvement in winning the Regional Legislative Council Candidates for Electoral District VI in Sukacinta Village, Sungai Rotan District, Muara Enim Regency. This research uses a qualitative method where the results of observations and some data related to the research are collected in order to interpret the study as detailed as possible, so that the results of the research are clear that the relationship between ulama and politics is not always caused by economic motives, dependence, or so on. More than that, both of them also stand as two entities that can form contributive and solution partners in practicing the humanist values ​​of Pancasila. Especially the implementation of the fifth principle, namely social justice for all Indonesian people. Therefore, it would not be wiser if scholars and politics were only seen tendentiously and excluded their potentialities which could significantly change the benefit of the people. Keywords: Ulama, Government, Politician

Kinerja DPRD Kota Yogyakarta: Studi Pembentukan Peraturan Daerah Prakarsa DPRD 2019-2020

Implementation the formulation of Regional Regulation by the Yogyakarta Legislative Council was not optimum, especially regarding the performance in proposing the draft bylaws. It was evidenced by the number of drafts from 2019-2020 from the Initiatives of Yogyakarta Legislative Council, which were only 4 draft bylaws, a quite low number compared to the executive which proposed 15 draft bylaws. Furthermore, the factors affecting the performances of the members of the Yogyakarta Legislative council in carrying out its function to formulate the regional regulations were the lack of experiment in organizations, different and limited backgrounds of education, and the lack of people’s enthusiasm to participate in the formulation of Regional Regulations. This study aims to analyze the implementation of the legislative functions of The Yogyakarta Legislative Council in the formulation of Regional Regulation Initiatives based on the Regulation of the Yogyakarta Legislative Council Number 1 Year 2018 on Code of Conduct and to find out the factors affecting the performance of the members of the Yogyakarta Legislative Council in implementing their functions in the formulations of regional regulations. This study employed an the normative legal and empirical legal method