Elaboration of The Meaning of Public Participation in The Formation of Laws and Regulations Post The Decree of The Constitutional Court Number 91/PUU/XVIII/2020

Abstract

The concept of public participation appears in Law No. 10/2004 on the Formation of Legislation, which is then regulated in Article 96 of Law No. 12/2011 jo Law No. 15/2019 on the Formation of Legislation. However, until now no further regulations on public participation have been issued. As a result, there is no standard mechanism to be referred to by lawmakers, so the involvement of the public is only a formality. Decree of the Constitutional Court (MK) Number 91/PUU-XVIII/2020 provides a meaningful view of how to measure public participation to be recognized as eligible for lawmaking. The purpose of this research is to find out the ideal concept of meaningful participation in the formation of laws and regulations in Indonesia in accordance with the mandate of the Constitutional Court Decree Number 91/PUU/XVIII/2020. To ensure that every legislation issued gives a sense of justice and accommodates the people's interests. The method used in preparing this research is a juridical- normative approach, namely by examining various laws and technical conditions related to public participation and the formation of laws and regulations. The result of this research is to find benchmarks and clarity of the concept of ideal public participation that provides legal certainty for the community as desired by the decision of the Constitutional Court Number 91/PUU-XVIII to fulfill the requirements for drafting laws in order to create real public participation, to ensure that the legislators are not caught up in mere formal public participation. This research is limited to the elaboration of the meaning of public participation in accordance with the mandate of the Constitutional Court's decree to be applied in the process of forming laws and regulations. This research provides an insight into the meaning of ideal public participation and accommodates the people's interests.