Legal Drafting [Academic Document Drafting Technique and Legislation]

The Legal Drafting presents material: understanding, scope and theory of the formation of laws and regulations; preparation of academic documentts draft legislation; techniques for drafting legislation; and techniques for drafting thematic legislation. Understanding of some terminology related to this course, among others: legislation techniques, techniques of drafting legislation, and forming legislation. Understanding the draft legislation refers to the opinions of L.M. Bakshi, van Apeldoorn, and Bagir Manan. Legislation theory put forward by J.M. Otto, W.S.R. Stoter & J. Arnscheidt, who discussed agenda-forming theory, elite ideology theory, bureau-political theory, and the four layers of rationality theory and ROCCIPI legislation theory, and Regulatory Impact Assessment (RIA) were also included in the first meeting. The study material was carried out deepening through tutorial activities in the second and third meetings.

The study material regarding the academic document of the legislation, is intended to resolve problematic behavior in society and solely for the public interest. Academic documentt study materials include: identification of needs and alternative development; formulation of title and systematic formulation of academic document; preparation of the introduction; preparation of theoretical study sections and empirical practice; preparation of the evaluation and analysis of relevant legislation; compilation of philosophical, sociological and juridical foundation parts; compilation of part of the scope, direction of regulation, and scope of the contents of laws, provincial regional regulations, or district / city regional regulations; preparation of the closing section; and compilation of bibliography and alignment of the Academic documentt format. Academic Writing is done through tutorial activities in the fifth and sixth meetings.

After completing the Academic document activities, the next material is about the techniques of drafting legislation and various terms for mentioning - naming the legal framework, among others: framework, composition, systematic, external form, or format of legislation, and the general structure of laws and regulations. The regulatory framework consists of: Title, Preamble, Body, Cover, Explanation (if needed), and Attachment (if needed). Next, provisions regarding the techniques for preparing titles include: types of laws and regulations; statutory regulation number; year of promulgation or enactment of laws and regulations; and the name of the legislation. The preparation of the opening part consists of phrases with the grace of God Almighty; position in forming legislations; considerations; Legal Basis; and dictum. The techniques for preparing the Body include the technique for formulating general provisions, subject matter that is regulated, criminal provisions (if needed), transitional provisions (if needed), and closing provisions. The concluding section contains material regarding the promulgation and placement in the State Gazette of the Republic of Indonesia, State Gazette of the Republic of Indonesia, Regional Gazette and Regional News, signing of legalization or enactment of laws and regulations, promulgation or stipulation of legislation, and the end of the concluding section. The preparation of the Title, Opening, Torso, Closing, Explanation and Attachment of the legislation is done at the tutorial activities in the ninth, tenth, and eleventh meetings.

Presentation of materials for the study of the preparation of thematic laws and regulations was carried out in the next meeting. Here is an understanding of the drafting of legislation regarding changes in legislation, the drafting of legislation concerning the revocation of legislation, the drafting of laws concerning the stipulation of government regulations to replace laws into law, and the drafting of regulations legislation regarding the ratification of treaties or international agreements. The techniques for preparing thematic laws and regulations are basically the same that, in the name section of these laws and regulations, specific information is given regarding changes, revocation, stipulation or endorsement as needed. In this case there are technical differences. In the body of the statutory changes, the article is given a number using roman numerals. While the body of the legislation revokes the legislation, the enactment of the Perpu, and the ratification of the international agreement the body uses a number with Arabic numerals. The preparation of the thematic laws and regulations was carried out at the tutorial activity in the last meeting.