creating a more uniform approach to support public ... - OECD

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regulations at all levels of government. • Ensure that Prolegnas, Prolegda & annual plans for PP &. PerPres are online & include sufficient information to support.
CREATING A MORE UNIFORM APPROACH TO SUPPORT PUBLIC CONSULTATION AND TRANSPARENCY IN REGULATORY DECISION MAKING Joint Seminar on Enhancing the Co-operation between OECD and Indonesia: Knowledge Sharing for Better Policies James Sheppard / Greg Bounds Directorate for Public Governance & Territorial Development

Why public consultation in regulatory decision making processes? • Establish regulatory objectives that are relevant for society at large • Sources information to identify burdensome regulations & possible alternatives

• Promote transparency & accountability - contain special interests - in regulatory decision making • Helps communicate the relevance of regulatory reform programme & role of regulation

Indonesia’s commitment to open government & public participation • Public consultation considered key element of Law 12/2011 on Formulating Laws & Regulation... ... as well as regulatory framework more generally, e.g. – – – –

Law 25/2009 on Public Service Law 14/2008 on Public Information Transparency Law 37/2008 on National Ombudsman Presidential Regulation 26/2010 on National & Sub-national Revenue Transparency in the Implementation of the Extractive Industry Transparency Initiative

• Indonesia as founding member & current co-chair of Open Government Partnership (OGP) & national version, Open Government Indonesia (OGI)

Recommendation. Create practical guidelines for public consultation • Public consultation considered key element of Law 12/2011 on Formulating Laws & Regulation (Art. 96). • Assessment of public consultation & use of external experts currently not possible – lack of documentation • Concrete proposals – Develop formal guidelines for public consultation to support consistent practices, quality control of processes & capacity building of involved public officials – Utilise regulatory impact analysis (RIA) documentation to guide public consultation, updating it to reflect how external views were/were not accepted

Recommendation. Use technologies to support transparency in regulation • Many databases of laws/regulations exist but none provide holistic picture for business (& decision makers) • Forward plans of laws/regulations but lack key details necessary to support openness • Concrete proposals • Utilise new technologies to support codification, regulatory decision making processes & dissemination of laws & regulations at all levels of government • Ensure that Prolegnas, Prolegda & annual plans for PP & PerPres are online & include sufficient information to support public consultation

For further reading on OECD work on open government & citizen engagement • OECD (2012), Measuring Regulatory Performance: A Practitioners' Guide to Perception Surveys • OECD (2011), OECD Public Governance Reviews, Together for Better Public Services: Partnering with Citizens and Civil Society

• OECD (2009), OECD Studies on Public Engagement, Focus on Citizens, Public Engagement for Better Policy and Services • OECD (2001), Citizens as Partners: Information, Consultation and Public Participation in Policy-Making