News & Articles

A meeting took place on 5 December 2019 between the Legislation Body of the House of Representatives with the Government has approved a list of 50 draft laws to be included into the National Legislation Program 2020. This meeting also agreed on 248 draft laws that are included into the National Legislation Program 2020-2024.

The list of draft laws which are included into the National Legislation Program 2020, and expected will be formalized in the next plenary session, are as follows:

1. Draft Law on Cyber Security and Defense
2. Draft Law on Amendment to Law No. 32 of 2002 on Broadcasting
3. Draft Law on Land
4. Draft Law on Amendment to Law No. 7 of 2017 on Election
5. Draft Law on Draft Criminal Code
6. Draft Law on Amendment to Law No. 12 of 1995 on penitentiary
7. Draft Law on Second Amendment to Law No. 41 of 1999 on Forestry
8. Draft Law on Second Amendment to Law No. 31 of 2004 on Fisheries
9. Draft Law on Second Amendment to Law No. 22 of 2009 on Road Traffic and Transport
10. Draft Law on Amendment to Law No. 38 of 2004 on Road
11. Draft Law on Amendment to Law No. 19 of 2003 on State Owned Enterprises
12. Draft Law on Amendment to Law No. 5 of 1999 on Prohibition of Monopolistic and Unfair Business Practices
13. Draft Law on Amendment to Law No. 4 of 2009 on Mineral and Coal Mining
14. Draft Law on New and Renewable Energy
15. Draft Law on Amendment to Law No. 24 of 2007 on Disaster Mitigation
16. Draft Law on Social Protection and Aid
17. Draft Law on Supervision of Food and Drug
18. Draft Law on Amendment to Law No. 2 of 2004 on Industrial Relation Dispute Settlement
19. Draft Law on Amendment to Law No. 20 of 2003 on National Education System
20. Draft Law on Amendment to Law No. 10 of 2009 on Tourism
21. Draft Law on Amendment to Law No. 13 of 1985 on Duty Stamp
22. Draft Law on Amendment to Law No. 21 of 2011 on Financial Service Authority
23. Draft Law on Wiretapping
24. Draft Law on Second Amendment to Law No. 22 of 2004 on Judicial Commission
25. Draft Law on Guidance of the Ideology of Pancasila
26. Draft Law on Protection of Domestic Worker
27. Draft Law on Amendment to Law No. 5 of 2014 on State Civil Apparatus
28. Draft Law on National Postal and Logistics System
29. Draft Law on Amendment to Law No. 36 of 2009 on Healthcare/Draft Law on National Healthcare System
30. Draft Law on Pharmaceutical (omnibus law)
31. Draft Law on Eradication of Sexual Violence
32. Draft Law on Special Autonomy for Papua Province
33. Draft Law on Customary Law Society
34. Draft Law on Amendment to Law No. 22 of 2013 on Medical Education
35. Draft Law on National Population and Family
36. Draft Law on Amendment to Law No. 3 of 2005 on National Sport System
37. Draft Law on Child and Mother Welfare
38. Draft Law on Family Security
39. Draft Law on Prohibition of Alcoholic Beverages
40. Draft Law on Psychology Profession
41. Draft Law on Protection of Religious Figure and Symbol
42. Draft Law on Job Creation (Omnibus Law)
43. Draft Law on Provision and Facility of Taxation for Economy Resilience
44. Draft Law on Personal Data Protection
45. Draft Law on Amendment to Law No. 35 of 2009 on Narcotics
46. Draft Law on Amendment to Law No. 34 of 2004 on Indonesia National Army
47. Draft Law on Amendment to Law No. 15 of 2006 on Supreme Audit Agency
48. Draft Law on State Capital (omnibus law)
49. Draft Law on Financial Relation between Central and Regional Governments
50. Draft Law on Islands Regions

By: Integrity

In the stages of establishing an Anti-Bribery Management System (ABMS), after corporations identify the risks of bribery in its business processes, these corporations should then build an ABMS as a solution to reduce the discovered risks. However, having ABMS in place is not enough, as corporations must be determined and provide the resources needed to implement, maintain and continuously improve their system. Therefore, corporations need resources to support that, one of which is human resource support.

Clause 7.2 in ISO 37001 ABMS requires corporations to have procedures to ensure that:

1. All employees comply with the company's anti-bribery policy and risk management system
2. Employees receive a copy of the company's anti-bribery policy and attend training related to the policy
3. Employees who violate the policy are subjected to disciplinary action
4. Employees must not be subject to any form of retaliation for being whistleblowers or reporters of alleged violations.

In other words, the procedures require corporations to ensure that their employees whose activities have a potential impact on anti-bribery performance to be competent on the basis of education, training, and experience.

In addition to conducting training for their employees, corporations are required to carry out compliance procedures by conducting background screening of prospective employees before they are hired.

"Basically, when a corporation is committed to implementing ABMS, then it should add more criteria which are relevant to ABMS,” said Winarso S.H, M.H, an ISO 37001 consultant and experienced legal practitioner.

“Let’s say an employee holds an HR training position in a corporation, it is certain that they must have background or experience in training. However, when the corporation implements ABMS, important criteria are added, such as that the employee must not have a track record regarding bribery, corruption or other violations, "he explained.

"With the added criteria, therefore the corporation must conduct background screening to ensure that prospective employee or the existing employee does not have such a track record," he continued.

Based on the ISO, corporations should also conduct continuous background screening and periodic evaluations of employee performance, bonuses, and incentives to ensure they have reasonable 'safeguards' to prevent them from carrying out bribery, corruption, misconduct and other violations.