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All Journal Decisio: Jurnal Ilmiah Hukum Humaniorum Journal Journal of Law
Fakhris Lutfianto Hapsoro
IBLAM School of Law
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Other

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Penerapan Hukum Partisipasi Publik dalam Keberkelanjutan Pembentukan Undang-Undang Periode 2019-2024 Chelvin Rachello; Fakhris Lutfianto Hapsoro
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.56

Abstract

This study examines public participation in the implementation of the carry over mechanism in Indonesia’s legislative process during the 2019–2024 period. The sustainability mechanism aims to ensure continuity and efficiency by allowing unfinished bills to be continued across parliamentary terms. Using a normative juridical approach, this research analyzes statutory regulations, Constitutional Court decisions, and legal literature. The findings indicate that although sustanaibility supports legislative continuity, its implementation has been ineffective due to frequent changes in the National Legislation Program and political dynamics within the legislature. Moreover, public participation in sustainability legislation remains largely procedural and fails to meet the standards of meaning participation as mandated by law and Constitutional Court jurisprudence.  
Reformasi Fungsi Legislasi DPR Sebagai Upaya Penguatan Representasi Rakyat Dalam Mewujudkan Prinsip Demokrasi Deliberatif Linda Listianingrum; Fakhris Lutfianto Hapsoro
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.153

Abstract

The House of Representatives (DPR) is a state institution with three functions: legislative, budgetary, and oversight, which constitutionally represent the people. However, in practice, these functions are often dominated by the interests of political parties supporting DPR members, resulting in disharmony in the implementation of DPR functions, particularly the legislative function, which frequently generates public controversy. This research employs a normative juridical method using statutory and conceptual approaches. The study examines the influence of political party intervention on legal products formed by the DPR, leading to the weakening of its position as a representative institution of the people. Therefore, constitutional reform of the DPR is necessary to ensure that the legislative function is carried out based on public interests without political party interference. This reform can be pursued by strengthening digital based public participation, adhering to fundamental principles of law making as stipulated in Law No. 13 of 2022 amending Law No. 12 of 2011, improving cadre development and recruitment of legislative camdidates through revisions tho the Election Law, and expanding the authority of the Constituional Court to ensure the legislative process complies with the principles of the rule of law within Indonesia’s contemporary constitutional and democratic governance framework system.
Partisipasi Publik dan Harmonisasi Norma dalam Penyusunan Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan menurut Putusan Mahkamah Konstitusi No. 130/PUU-XXI/2023 Anisa Oktachairani; Fakhris Lutfianto Hapsoro
Postulat Vol 4 No 2 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i2.2235

Abstract

This research examines the Constitutional Court Decision No. 130/PUU-XXI/2023 which strengthens the protection of the constitutional right to health as guaranteed by Article 28H paragraph (1) of the 1945 Constitution.This research focuses on two problem formulations: first, the Constitutional Court's view of the implementation of meaningful public participation in the formation of Law No. 17 of 2023 concerning Health; second, does the decision cause consequences for the legislature and the executive to harmonize the norms between the Health Law and the Law No. 40 Year 2004 concerning the National Social Security System (SJSN). The research method used is normative juridical with statutory, conceptual, and case approaches. The research results show that the Constitutional Court Decision No. 130/PUU-XXI/2023 places public participation in the establishment of the Health Law on procedural standards, without assessing the quality of involvement of the affected parties. This decision also emphasizes the need to harmonize the norms between the Health Law and the SJSN Law to prevent overlapping regulations in the national health insurance system.
Co-Authors Anisa Oktachairani Chelvin Rachello Linda Listianingrum