TPKS Law Until The Omnibus Law On Health Becomes The Success Of The 2019-2024 DPR

JAKARTA - The DPR RI for the 2019-2024 period succeeded in distributing 225 laws during 5 years carrying out the mandate. Of the 225 laws generated by legislative institutions for this period, a number of laws received special attention because they were considered to improve the welfare of the community.

"In implementing the legislative function during this period, the DPR RI has carried out a transformation in meeting national legal needs, namely, among others, the formation of laws carried out by the omnibus law method; a law formation that is integrated with amendments from various other laws," said the Chairman of the DPR RI, Puan Maharani.

This was conveyed by Puan while chairing the Plenary Meeting for the Closing of the First Session Period of the 2024-2025 Session Year at the Nusantara II Building, Parliament Complex, Senayan, Jakarta, Monday 30 September. This Plenary Meeting is the last meeting of the DPR for the 2019-2024 period.

The first woman who served as Chair of the DPR RI said that in establishing a law there are various perspectives, interests, partiality, and impacts that need to be considered. Even so, Puan emphasized that the formation of legislation must be aimed at the interests of the people.

"In establishing the law, a strong political will (political desire) is needed from the parties, the factions in the DPR RI, and from the Government in order to reach a common ground for the substance of the Law which is serious for the interests of the Indonesian state and the people of Indonesia," said Bung Karno's grandson.

The 225 bills that have been passed into the law consist of 48 bills from the 2019-2024 Prolegnas list, and 177 open cumulative bills.

Based on the time, the laws passed by the DPR in 2024 amounted to 149 laws, in 2023 there were 18 laws, in 2022 there were 32 laws, in 2021 there were 13 laws, and in 2020 there were also 13 laws, of which 2 were carry-over from the previous DPR period.

One of the laws that received a positive public response was Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS). This law was successfully passed by the DPR under Puan's leadership after 10 years of fighting.

Many consider the TPKS Law to be an initial milestone in the elimination of sexual violence in Indonesia which has become an iceberg phenomenon. This law is also considered as a concern of the DPR on public needs and urgent social movements, namely in terms of legal protection for victims of sexual violence.

In addition, the ratification of the TPKS Law shows the state's commitment to fulfilling a constitutional obligation to protect its citizens from violence and discrimination.

Not only focusing on law enforcement against perpetrators, the TPKS Law also reflects the paradigm of handling victims from criminal acts that contain various efforts to protect victims of TPKS by containing procedures for granting restitution, affirming state obligations in granting victims' rights, classifying victims' rights to 3 in accordance with the conditions and needs of victims, namely the victim's right to handling, the victim's right to protection and the victim's right to recovery.

The TPKS Law is the first step that the government needs to follow up on for wider implementation. Even so, the DPR highlighted that the derivative rules of this progressive law have not yet been realized.

"The TPKS Law to date has no derivatives. We have responsibility, so then the bond collection is important," said Chairman of the Working Committee for the TPKS Law Willy Aditya after the last Plenary Meeting of the DPR for the 2019-2024 period at the DPR Building.

For this reason, Willy, who is also Deputy Chairman of the Legislation Body (Baleg) of the DPR for this period, hopes that the escort of the law that has been passed will continue for the next period.

"So yesterday, when I passed away from Baleg, I emphasized that in the past Pak Jokowi had a presidential club, so there must be a legislature club as well. So there is continuity so that supervision is not cut off, don't think there are new people, so the atmosphere is new," he said.

Kita berharap agar yang sudah diletakkan sebelumnya sebagai milestone itu tidak hilang. Kontinuitas itu penting. Maka kemudian yang menjadi backbone itu adalah data. Dan kemudian domensi, imbuh Willy.

In addition to the TPKS Law passed by the DPR on April 12, 2022, the law which is considered the success of the DPR for the 2019-2024 period is Law Number 4 of 2024 concerning Maternal and Child Welfare in the First Thousand Days of Life (UU KIA). This law is an initiative of the DPR.

The ratification of the KIA Law was carried out in response to various challenges faced by mothers and children in Indonesia. Including the high mortality rate of mothers and babies, as well as malnutrition problems which are still serious problems.

The establishment of the KIA Law also aims to integrate various policies and programs related to the welfare of mothers and children, as well as ensure that existing regulations can answer the needs of the times and improve the quality of life of mothers and children throughout Indonesia. The KIA Law regulates rights and obligations, duties and authorities, the implementation of maternal and child welfare, data and information, funding, and community participation in order to achieve the formation of a quality generation.

Through the KIA Law, the DPR shows its commitment to fighting for the welfare of mothers and children. In addition to ensuring collective work in children's growth and development, the KIA Law is also expected to improve the quality of life for families, as well as empower women by protecting their rights, including for working mothers through the addition of maternity leave.

The long impact of the KIA Law is to strengthen social foundations in national development, encourage the creation of a healthy, intelligent and competitive future generation, and contribute to Indonesia's vision of gold 2045.

The DPR is also considered successful in creating the National Health Sector Reform by passing Law No. 17 of 2023 on Health. The law, which was carried out in an Omnibus Law, is considered a strategic step in simplifying and improving health sector regulations.

The Health Omnibus Law can strengthen the national health system, provide a clearer legal basis for the management of health facilities, medical personnel, medicines, and public health insurance.

The ratification of the Omnibus Law on Health is also considered a success because it represents a health transformation agenda to improve the quality of health services as a whole. Some of the content regulated through the ratification of this bill includes strengthening health efforts in terms of promotive, preventive, curative, rehabilitation, and palliative.

The Omnibus Law on Health also provides a legal basis for equitable health facilities, licensing and registration of medical and health personnel, utilization of health technology, health information systems, health emergencies, health innovations, and health funds.

Furthermore, the law that received sufficient public attention during the 2019-2024 DPR period was Law Number 27 of 2022 concerning Personal Data Protection (PDP). This law was drafted because of the lack of protection of public personal data.

The PDP Law provides a legal framework for protecting Indonesian citizens' personal data, providing a balance of individual and public rights in data use, so that it becomes the basis for establishing a personal data protection control agency. Unfortunately, the derivative regulations of PDP have not been realized by the Government.

On the other hand, the DPR for this period agreed to carry over 2 bills to the next DPR period. The Household Workers Protection Bill (PPRT) and the Constitutional Court Bill (MK) will be discussed to the DPR for the period 2024-2029.

"Paripurna has agreed that the PPRT Bill has been directed over, of course we are very happy. Because now it is impossible, the current period has not been discussed," said Willy.

Willy, who was re-elected as a member of the DPR, confirmed that he would oversee the discussion of the PPRT Bill.

"Yes, the dynamics are of course there yes. If we weren't at the level of belief anymore, but already at the level we had to fight," said Willy.