PUBLISHING CONSOLIDATED VERSION OF ACTS IN NATIONAL LEGAL INFORMATION AND DOCUMENTATION NETWORK (JDIHN) AS A WAY OF IMPROVING LEGAL CERTAINTY: AN INSPIRATION FROM AUSTRALIAN FEDERAL REGISTER OF LEGISLATION

Abstract

Throughout the time, the Government of Indonesia has put a lot of effort to address the issue of lack of legal certainty in Indonesia. One measure that has been taken is to increase the accessibility of legislation through the establishment of National Legal Information and Documentation Network (JDIHN). This article will look into legal documentation best practices in other jurisdiction, the Australian Federal Register of Legislation that publishes Consolidated Version of Acts, referring to Venice Commission, as an inspiration to pick up relevant and applicable principles that can be used to enhance legal certainty.. Indonesia should consider publishing Consolidated Version of Acts as a solution to the complexity of tracking down the latest version of the Acts. In Indonesia, Acts can be amended by an “Amendment Acts”, another Act, and also by Constitutional Court Judgement. Eventhough JDIHN have provided all of this information, these documents remain as separate documents, bringing potential confusion for people to accurately identify which provisions of the Acts are still in force. This paper concludes that it is worth for JDIHN to try enhancing their service by publishing a Consolidated Version of Acts. As a start, it can choose some prominent Acts regulating business and economy activities and formulate the Consolidated Version of those Acts.