One Article Deleted, Palace Ensures No Substance Changes In The Job Creation Law

The final draft of the Work Creation Law submitted by the DPR to the Palace (DOK. Antara)

JAKARTA - Presidential Spokesperson for Early Law, Purwono, emphasized that the removal of one article in the Omnibus Law on the Job Creation Law, namely Article 46 regarding oil and natural gas, will not change the substance of this law. Dini said, the Ministry of State Secretariat (Kemensetneg) had carried out its duties properly by removing this article.

According to Dini, Kemensetneg only revised or removed typos and made the substance of the legislation clearer. Moreover, Article 46 of the Job Creation Law should not have been in the final text because it had been rejected by the DPR Working Committee.

"The State Secretariat in this case actually did its job well. In the final cleansing process before the manuscript was brought to the president, the State Secretariat captured what should not have been contained in the Job Creation Law and communicated this with the DPR," said Dini to reporters in a written statement, Friday, 23 October.

"The abolition of Article 46 actually makes the substance in line with what has been agreed in the panja meeting and what cannot be changed is the substance," he added.

Moreover, the changes made by the Ministry of State Secretariat have been in accordance with what was agreed in the working committee meeting, the DPR acknowledged, and had been initiated by the Chairman of the Legislation Body (Baleg) DPR Supratman Andi Agtas.

"The changes were carried out properly and this is what is important," he said.

Dini did not answer if the emergence of Article 46 in the draft which was submitted by the DPR to President Joko Widodo (Jokowi) as a result of the rush to ratify the article. According to him, the Kemensetneg is now only tasked with carrying out a final check before Jokowi signs this manuscript. "The State Secretariat only conducts a final review of the manuscripts submitted by the DPR," he said.

Previously, the Chairman of the Legislative Body (Baleg) of the DPR RI Supratman Andi Agtas admitted that there was one missing article in the Job Creation Law which was again changed to 1,187 pages, namely Article 46 concerning the Regulating Agency for the Distribution of Oil and Gas.

The change in this page was initially recognized by the government when it submitted the text of the Job Creation Law to the Muhammadiyah Central Board (PP) which was 1,187 pages thick. In fact, previously the DPR submitted an 812-page text to the government.

"Regarding Article 46 which underwent corrections, it is true. So, incidentally the State Secretariat found it, it should have been deleted," said Supratman when confirmed, Thursday, October 22.

According to Supratman, in the discussion of the Job Creation Law before it was passed, the government wanted a transfer of toll fee authority from BPH Migas to the Ministry of Energy and Mineral Resources (ESDM). This was stated at the DPR RI Working Committee meeting. However, Panja did not accept the proposal and it was unclear why the DPR RI Baleg had missed changing the government's proposal contained in Article 46.

"But in the written manuscript that we sent to the State Secretariat, it turns out that there are still paragraphs 1-4. Because there is no change, the State Secretariat clarifies it to Baleg," said Supratman.

That is why Article 46 was deleted in the Job Creation Law which has now become 1,187 pages. "It should have been deleted, because it returns to the existing law, so it is not in the Job Creation Act," he said.

It is known, there is indeed a change in the format in the manuscript of the Job Creation Law which again has a change in the number of pages. The 1,187-page Job Creation Law manuscript looks tidier than the 812-page manuscript.

However, there is one article missing from the text of the 812-page Job Creation Law with 1,187 pages of manuscript. The missing article is Article 46 concerning Oil and Gas as follows:

Article 46:

(1) Supervision of the implementation of supply and distribution of Oil Fuel and Transportation of Natural Gas by pipe is carried out by the Regulating Agency as referred to in Article 8 paragraph (4).

(2) The function of the Regulatory Body as referred to in paragraph (1) shall be to make arrangements so that the availability and distribution of Oil and Gas Fuel as stipulated by the Central Government can be guaranteed throughout the territory of the Unitary State of the Republic of Indonesia as well as to increase domestic use of Natural Gas.

(3) The duties of the Regulatory Body as meant in paragraph (1) include regulating and stipulating:

a. availability and distribution of fuel oil;

b. national Oil Fuel reserves;

c. utilization of Oil Fuel Transportation and Storage facilities;

d. tariff for transportation of Natural Gas by pipeline;

e. Natural Gas prices for households and small customers; and

f. operation of Natural Gas transmission and distribution.

(4) The duties of the Regulatory Body as meant in paragraph (1) cover the supervisory duties in the fields as meant in paragraph (3).

Apart from the disappearance of Article 46, there are also changes to the chapter related to National Fiscal Policy relating to Taxes and Charges. In the 812 page manuscript, this is under Chapter VIA, and is inserted between Chapter VII and Chapter VIII.

However, in the 1,187 page manuscript, Chapter VIA is changed to Ban VIIA which is inserted between Chapter VII and Chapter VIII.