The Role of Community Participation in the Formation of Legislation

In the Formation of Legislation in accordance with Article 1 point 1 of Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislations, it is stated that the 5 stages in the formation of laws and regulations which include the stages of planning, drafting , discussion, ratification or determination, and promulgation. However, there is no renewal of the discussion on the role and participation of the community. For that, we reread Law No. 12 of 2011.

Before a law is passed, a regulation must be in accordance with the principles of establishing good laws and regulations. This is contained in Article 5 of Law Number 12 of 2011, the principles are:

a. clarity of purpose;

b. the appropriate forming institution or official;

c. suitability between types, hierarchies, and payload materials;

d. can be implemented;

e. usability and effectiveness;

f. clarity of formulation; and

g. openness.

The question is, how does the 'community' become an important part in the formation of laws and regulations? To answer this question. We must see that there are stages that have actually been arranged to provide space for the community to provide suggestions, feedback, input and criticism or anything related to the formation of legislation.

Preparation Stage Before Formation of Legislation

The principle of openness is an embodiment of good governance. To whom must legislators fulfill the principle of openness? Of course open to citizens. Therefore, this disclosure becomes the argument for Article 18 letter (h) of Law Number 12 of 2011 which confirms that the formation of laws and regulations begins with the preparation of a list of draft laws and regulations that listen to the aspirations and legal needs of the community. The same thing is contained in Article 31 of Law Number 12 of 2011, in letter (d) it is clear that the aspirations of the local community are an important point to be considered in the formation of regional regulations in the regional legislation program.

To be clearer, the legislators have explained the 'Principle of Openness' as follows:

"That in the formation of laws and regulations, starting from planning, drafting, discussing, ratifying or determining, and enacting laws, they are transparent and open. Thus, all levels of society have the widest opportunity to provide input in the formation of laws and regulations."

Therefore, the public knows what law will be drafted and whether the law can be applied in solving current problems that exist in people's lives that are not regulated in the previous regulations. Judging from the designation of these regulations, therefore the preparation of laws and regulations must meet good principles, which must be based on community participation, either directly or indirectly (community participation). One of the technical aspects of drafting legislation is the preparation of academic texts. Because it is in the academic text that the community's need for these laws and regulations is seen.

Stages of Formation of Legislation

That way, the phrase community becomes an important part in the concept of the rule of law which is contained in the formation of laws and regulations. This role is part of the community to provide proposals in the national legislation program (prolegnas) in accordance with Article 21 paragraph (3) of Law Number 12 of 2011 which states "........considering proposals from factions, commissions, members of the House of Representatives. the People, the Regional Representatives Council, and/or the community.

The community has an important position in the preparation of the National Legislation Program, the preparation of the Draft Law, the discussion of the Draft Law, to the enactment of the Law. Because the four stages must be notified (disseminated) to the public in accordance with Article 88 paragraph (2) of Law No. 12 of 2011. Because the dissemination of the Prolegnas, Draft Law, and Law aims to provide information and/or obtain public input. and stakeholders. The same is true for Prolegda as contained in Article 92 paragraph (2) of Law Number 12 of 2011.

However, the problem of this dissemination is a dilemma. In fact, in the provisions of the explanation it has been informed that what is meant by dissemination is:

"The activity of conveying information to the public regarding the National Legislation Program, the Draft Law that is being prepared, discussed, and which has been promulgated so that the public can provide input or feedback on the Law or understand the Law that has been promulgated. Dissemination of the Legislation is carried out, for example, through electronic media and/or print media."

Society participation

Because in view of Article 5 letter (g), Article 18 letter (h), Article 31 letter (d), Article 21 paragraph (3), Article 88 paragraph (2) and Article 92 paragraph (2) of Law Number 12 Year 2011, the legislators determine how the community participates in separate discussions. If we read one by one, we come to Article 96 of Law Number 12 of 2011:

(1) The public has the right to provide input orally and/or in writing in the Formation of Legislation.

(2) Oral and/or written input as referred to in paragraph (1) may be made through:

a. public hearings;

b. work visit;

c. socialization; and/or

d. seminars, workshops, and/or discussions.

(3) The community as referred to in paragraph (1) is an individual or group of people who have an interest in the substance of the Draft Legislation.

(4) To facilitate the public in providing input orally and/or in writing as referred to in paragraph (1), each Draft Legislation must be easily accessible by the public.

Finally, what if the participation spaces are not felt by the community? then this last question leads to the judicial review of the law to the Constitutional Court as a way of final participation for the community in accordance with statutory regulations.