Salamiah Muhd Kulal
University Malaysia of Computer Science and Engineering

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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.