Years: 2000-2003 (Project run through Boston University.)

The Indonesian project revealed the full potential of institutionalizing the problem-solving methodology. Thus, our experiences in Indonesia were one of the catalysts from which ICLAD was born.

Funder: USAID via ELIPS, the University of San Francisco (USF) and Rural Development Institute (RDI)

Project: BU Program invited by the Government’s Cabinet Secretary and the head of the Legislative Program at the University of Indonesia, initially to send a mission, ultimately became involved in developing 3 projects in an on-going legislative drafting and law-making strengthening program.

Project 1: To address economic reforms and national drafting capacity (ELIPS)

Project 2: Local governance strengthening and decentralization (University of San Francicso)

Project 3: Land reform (Rural Development Institute)

Participant number and learning method: 250-300 of participants in national workshops from all sectors including universities, NGOs, and government (although few senior level officials), two national legislators workshops, and many local level 2 week workshops – all facilitated by 20 Indonesians (ministry officials and university faculty members) who attended the BU 4 month residential course.

Political Environment: Decentralization remains a critical goal in stabilizing the country – the world’s fourth largest with the largest Muslim population, characterized by more than 500 distinct languages and cultures spread out over 14,000 islands. Economic reform remains a focus, particularly integrating into the world economy through trade. Rural poverty remains high so Project 3 focuses on land reform initiatives (the first in 40 years) and agricultural investment legislation.

Bills drafted at national workshops: The use of unleaded fuel in Jakarta, State of emergency declarations, Special education for street children, Procedures for legislation drafting, Public transportation tariffs, Freedom of information, Company registration, Patronage on protection of refugee assets, Philanthropic foundation regulation, Sub-contracts, Organization of public forests, Micro-finance, Money laundering, Foreign loan/debt management, Patronage on Indonesian workers abroad, Freedom of information, Money Laundering, Foundations, Limited Company, Land Distribution, Investment, Domestic Trade, Warehouse Receipt Systems, Bankruptcy, Land Registration, Migratory Workers, Regulations for Land Deed-Titling Officials, Land Acquisition by the Government, Waste Disposal in Jakarta, School Building Maintenance, Public Accountant Oversight, Small Scale Industry, Population Control and Information Systems. [Do not have information about the many draft bills and reports prepared at the many local workshops.]

Current Status of Projects:

Project 1: USF established 8 regional centers, led regional courses for many drafters, developed training materials, began courses at local universities. Foreign funding has ended, and but local university faculty members still work with local governments in cooperation with regional centers.

Project 2: National legislative drafters, legislators, NGO personnel trained to work on national legislation, national government drafting and assessing legislation to strengthen democratic government. The original USAID subcontractor, ELIPS, no longer receives funding but national university, MoJ staff, and members of Parliamentary staff still cooperate in efforts to continue training, course development, parliamentary training, NGO training, and center development.

Project 3: Land reform legislation has been passed, more is being drafted and revised. RDI continue efforts in drafting projects, research and training within the Ministry of Land and NGOs.

High-level government training opportunities: One four month participant is developing a training program for Parliament and staff.

ELIPS prepared a distance audio-visual course in Bahasa Indonesia to equip legislators with enough legislative theory and methodology to assess bills that come before them. Started circulating this to legislators in August, 2003.

Civil Society involvement: Civil society participation occurred at all training sessions. Three university lecturers, trained in the BU program, assisted with a NGO workshop participant as facilitator, have led more than a dozen weeklong workshops around the country specifically for NGOs. They are currently drafting materials for civil society training and seeking to hold five more workshops in 2005.

University courses taught University faculty report using the theory and methodology and the Manual in their law classes and drafting classes.

Two BU four-month participants helping to establish the University of Indonesia Drafting Program including drafting courses for students. These two participants hope to propose and institutionalize a country-wide program drafting to foster cooperation of all the national and local projects to strengthen drafting capacity and law-making institutions. In that process, they plan to work with their colleagues to provide appropriate educational materials drawing on Indonesian experience and circumstances.

The regional centers continue to assist in drafting legislation at the local level but now since the end of the USF project seek further funding. Some have begun to charge fees for their services, but this limits their potential for extending their effotts to conduct the necessary research and links for strengthening law-making in all of Indonesias more than 300 regency governments. The proposed Center of Excellence at the University of Indonesia aims to: a) coordinate and develop institutionalization of programs on legislative drafting and training of legislators on the national and local level b) Work on research and publishing articles re drafting and assessing legislation in Bahasa Indonesia

Training materials Translated Drafting Manual into Bahasa Indonesia, developed Indonesia-based Manuals for drafters and legislators using Indonesian examples as a basis for on-going teaching programs. Developed course materials as well, utilizing Indonesian examples.

Prepared a distance audio-visual course in Bahasa Indonesia to equip legislators with enough legislative theory and methodology to assess bills that come before them. Started circulating this to legislators in August, 2003.

Change in law-making institutions/Law on legislative process Procedure for Legislative Drafting in the review stage at the DPR as of 2004. The present bill, however, does not require research reports to support draft bills, nor any type of civil society engagement through post and comment.