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Reconstructing the Legal Framework for Public Participation in Indonesian Lawmaking: Integrating the Rights to Be Heard, Considered, and Explained

Vol. 2 No. 1 (2023): ijsecs

Walim Walim (1)

Keywords: Meaningful participation , public participation , law making , legal reconstruction

Abstract

Public participation is a basic feature of democratic law making but legal recognition of public participation does not necessarily mean de facto involvement in legislative decision-making processes. This study discusses the legal basis of meaningful public participation in Indonesia after the Constitutional Court Decision No. 91/PUU-XVIII/2020 and the promulgation of Law No. 13 of 2022 on the Amendment to Law No. 12 of 2011 on the Formation of Laws and Regulations. This research is normative legal research by using statutory approach, conceptual approach and case approach. The objective of this research is to analyze the relationship between the legal provisions and substantive demands of public participation. The analysis is based on three dimensions: the right to be heard, the right to have opinions considered and the right to receive an explanation. The results suggest that procedural opportunities alone are not enough without transparent consideration of public submissions and accountable explanations. This study suggests clear procedural rules, systematic documentation, accessible participation channels and more transparency to strengthen the public accountability in Indonesian lawmaking.

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