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p-Index From 2021 - 2026
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All Journal International Journal of Law, Policy and Governance Journal of Global Legal Review
Salamiah Muhd Kulal
University Malaysia of Computer Science and Engineering
Agriculture, Biological Sciences & Forestry Arts Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Legislasi Darurat Dan Partisipasi Publik: Antara Kebutuhan Kecepatan Dan Prinsip Keterbukaan Gokma Toni Parlindungan S; Salamiah Muhd Kulal
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.580

Abstract

The formulation of laws and regulations during emergencies often places the state in a dilemma between the demands for speedy policymaking and the fulfillment of the principles of openness and public participation. The responsive and rapid nature of emergency legislation often results in the marginalization of the public's right to meaningful participation in the law-making process. Public participation is a fundamental element of a democratic state governed by the rule of law and has been constitutionally reinforced through various Constitutional Court decisions and the provisions of Law Number 13 of 2022 concerning the Formation of Legislation. This article aims to analyze the urgency of public participation in emergency legislation and examine the constitutional limitations on using the excuse of a state of emergency as justification for the formation of closed regulations. This research uses a normative juridical method with a statutory, conceptual, and decision study approach. The results show that the need for speed in emergency legislation cannot be used as a basis for eliminating the principles of openness and public participation. Instead, public participation must be accommodated proportionally and adaptively as a mechanism for controlling power and as a means of legal legitimacy. Therefore, strengthening the design of public participation in emergency conditions is an important prerequisite for maintaining the quality of legislation, protecting citizens' constitutional rights, and upholding the principles of a democratic state based on law.
A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia: A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia Gokma Toni Parlindungan S; Salamiah Muhd Kulal; Dorris Yadewani
International Journal of Law Policy and Governance Vol. 5 No. 1 (2026)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v5i1.1695

Abstract

The purpose of this study is to analyze the application of legal philosophy values in the formation of regional regulations in Indonesia, as well as to examine the suitability between legal philosophy values and regional regulations that have been formed. This study uses a descriptive analytical research type with a normative legal approach method. Research data were obtained from primary, secondary and primary legal materials. Data collection techniques were carried out qualitatively. The results of the study indicate that the application of legal philosophy values in the formation of regional regulations in Indonesia is still not optimal. This is due to several factors, such as a lack of understanding of the values of legal philosophy among regional regulation makers, minimal community participation in the process of forming regional regulations, and weak law enforcement. This study has limitations in its focus on the application of legal philosophy values and a lack of analysis of the impact of regional regulations that do not follow these values.
Co-Authors Dorris Yadewani Gokma Toni Parlindungan S