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Nunuk Febriananingsih
Badan Pembinaan Hukum Nasional
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Dina Juliani
Keywords:
regulatory database, private international law, public information, foreign investment
Abstract
Regulatory organization is one of the items in the Second Legal Reform initaitive under Jokowi’s administration. There are 3 (three) priorities in this area, namely: (1) quality lawmaking; (2) evaluating all problematic laws and regulations; and (3) developing an integrated legal repository. The latter is important for 2 (two) reasons: First, to meet legal provisions. Second, to provide easy information access of laws and regulations to the public. As one of the countries competing to attract investment as a means to grow its national economy, it is time for Indonesia to have its own legal framework that addresses issues surrounding Private International Law (PIL). Indonesia currently still refers to Dutch-legacy PIL, namely Articles 16, 17, and 18 A.B, with most of other provisions dispersed under different laws and regulations. Indonesia is yet to have a single PIL codification. A bill and law would take longer time to develop; at the same time, there is growing demand for the access of PIL information. A development of PIL database is therefore seen as an urgency in Indonesia. Legal problem in this article are what is the correlation between PIL and the development of horeign investment in Indonesia, and how is the development of PIL database. This study employs normative jurisdiction approach and uses empirical data on PIL database development as an initiative undertaken by the Directorate General of Legal Administrative Affairs (Ditjen AHU) of the Ministry of Law and Human Rights of the Republic of Indonesia. The study finds that a PIL database has never been developed by any institution/agency, resulting in the public’s difficulty in accessing PIL-related information. This study concludes that having an accurate PIL database could make business process and other legal relations involving foreign elements easier and quicker to solve as well as having the potential to boosting investment. At a higher level, a quality database provides greater access of information to public, allowing public participation in controlling the government’s actions and policies especially in lawmaking.
Author Biographies
Nunuk Febriananingsih, Badan Pembinaan Hukum Nasional
Ms. Nunuk Febriana work as Head of Sub Sector of Natural Resources and Environtment, Center for Analysis and Evaluation of Law, National Law Development Agency, Ministry of Law and Human Rights of the Republic of Indonesia. She has finished Bachelor of Laws from Universitas Indonesia and Master of Laws from Universitas Padjajaran Bandung. Her expertise relating Natural Resources and Enviroment Law. Nunuk has always maintained in harmonious relationship between her skills in law and community needs. She followed her interest in law, after spending her undergraduate term in economic law which is done at Universitas Indonesia. She continued her graduate studies through Ministry of Law and Human Rights’ scholarship program at Universitas Padjadjaran Bandung Indonesia in constitutional law.After 4 years worked for Head of Sub-Sector for Law Enforcement at Center for Research and Development of National Law System, Nunuk moved to Head of Sub-Sector for Natural Resources and Environment at Center for Analysis and Evaluation of National Law. Her diverge education and extensive experience have given her enough advantages in government’s national program for regulation ordering especially in natural resources and environment sector. Futhermore, she has experiences in research and development law, analysis and evaluation regulation, and legal drafting.
Dina Juliani
Ms. Dina Juliani work as Assistant Deputy Director for Central Authority and International Law Ministry of Law and Human Rights of the Republic of Indonesia. She followed his interest in law, after spending her undergraduate term in private law which is done at Universitas Indonesia. She continued her graduate studies through Ministry of Law and Human Rights’ scholarship program at Universitas Padjadjaran Bandung Indonesia in international law major, and returned to Directorate General of Correctional (as her first placement in government institution). After 8 years worked for Directorate General of Correctional, Dina moved to Directorate General of Administration Legal Affairs and joined with Mutual Legal Assistance in Criminal Matters Division before got promoted as Assistant Deputy Director for Private International Law at Directorate of Central Authority and International Law. Her diverge education and extensive experience have given her enough advantages in dealing with numerous international projects and dealing with community needs, including issuance of implementing human rights in correctional institution, as an auditor for standard minimum rules for inmates, dealt with cooperation on mutual legal assistance in criminal matters, and last but not least the issuance on drafting Indonesia’s private international law.
