The Meaning Of The Concept Of Meaningful Public Participation In The Decision Of The Constitutional Court (MK) No. 91/PUU/XVIII/2020 Formal Review Of Law No. 11 Of 2020

Abstract

The decision of the Constitutional Court (MK) Number 91/PUU-XVIII/2020 provides an appreciable view of the size of public participation to be recognized as fulfilling the requirements for drafting laws. Although the President and the DPR have proven the existence of public participation through socialization, webinars, and so on. However, the Constitutional Court (MK) considers that the parameters of public participation must be meaningful participation. Therefore, activities that are mere formalities and do not produce any value are not considered public participation. This paper focuses on how to interpret meaningful public participation in the formation of laws using the Omnibuslaw method in Indonesia as intended in the Constitutional Court's decision No. 91/PUU/2021. The research method used is normative juridical with a legislative and conceptual approach. The need for the public to participate in the formation of laws is part of the constitutional mandate that places the principle of popular sovereignty as the main pillar of the state, as stated in Article 1 paragraph (2) of the 1945 Constitution. Furthermore, public participation is guaranteed as a constitutional right based on Article 27 paragraph (1) and Article 28C paragraph (2) of the 1945 Constitution, which provides an opportunity for citizens to participate in governance and building society, nation and state. If the law-making process is conducted in a closed manner without involving public participation, it can be said that the law-making process violates the principle of people's sovereignty.