MEANINGFUL PARTICIPATION IN RELATION TO THE LADDER OF CITIZEN PARTICIPATION IN THE FORMATION OF LAWS

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Authors: Eka NAM Sihombing
Cited by: 0

Abstract

A good legislative process provides space for public participation in policy-making. The persistence of legal products that ignore public participation in their formation poses a problem for better legal development. The neglect of public participation in the legislative process certainly raises questions regarding the extent to which the government provides space for public participation. This study used a normative research method, with a statute approach and a comparative approach. The results indicate that there are eight levels to measure the extent of public participation in the legislative process. In Indonesia, public participation in the legislative process is expressly regulated in Article 96 of Law No. 13 of 2022. Not only Indonesia, but South Africa's constitution also provides space for public involvement in the legislative process. In the Indonesian context, the level of public participation in the legislative process is at the Delegated Power level. This is indicated by the existence of the House of Representatives (DPR) as the representative of the people. Therefore, policies created jointly by the DPR are, in principle, policies that fulfil the needs of public participation.

Fields of Study & Subjects

Indonesian Legal and Regulatory Studies Administrative Law and Governance Public Administration and Governance

Publication details

Journal / source
Prosiding Konferensi Nasional Asosiasi Pengajar Hukum Tata Negara dan Hukum Administrasi Negara
Volume
3
Issue
1
Pages
37–50
Publication date
10 March 2026
Language
EN