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All Journal Jurnal Hukum dan Pembangunan Ekonomi Jurist-Diction
Fathimah Azzahro
Jenderal Soedirman University
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Who Should Be Involved: Unravelling the Concept of ‘Interest in Content Material’ in the Establishment of Laws in Indonesia Fathimah Azzahro; Riris Ardhanariswari; Muhammad Fauzan; Enny Dwi Cahyani; Tenang Haryanto
Jurnal Hukum dan Pembangunan Ekonomi Vol 14, No 1 (2026): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v14i1.115410

Abstract

Article 96 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation (hereinafter referred to as the Law 13/2022).  requires the involvement of interested parties concerning the content matter without clear criteria, resulting in inconsistent selection and weighting of inputs. This study develops a framework of 'interest in content material' as a measure of participation quality as a novelty because no similar research has been concusted before. Given this urgency, this research aims to analyze the institutionalization of public participation and the regulation of stakeholder involvement in law-making in Indonesia, as well as to construct an ideal regulation of the phrase 'interest in content matter' regarding stakeholder involvement in the formulation of laws in Indonesia. This is a normative legal study that employs a conceptual approach, a statutory approach, and a comparative approach. The research results indicate that public participation, particularly the involvement of stakeholders in the formation of legislation, should guarantee the right to provide input at every stage; however, the mechanism is merely formal. Although Law 12/2011 explicitly guarantees space for stakeholders who have an interest in the substance of regulations, its implementation is hindered by three factors: difficulties in identifying groups with substantial interests, lack of transparency in the consultation process, and limited access and capacity of the public, resulting in participation often being symbolic.
Who Governs the Village: Reconstructing Regulatory Authority over Village Affairs Fathimah Azzahro; Bimo Fajar Hantoro; Bintar Abhi Saputra
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.85545

Abstract

This research examines the jurisdictional dualism between the Ministry of Home Affairs and the Ministry of Village caused by the ambiguous definition of 'Minister' in the Village Law. This study aims to answer two questions: (1) how is the regulatory authority over village affairs structured; and (2) what model of regulatory reconstruction is appropriate for governing these affairs? This study employs doctrinal legal research utilizing both statutory and conceptual approaches. The findings indicate that the Village Law’s ambiguous definition of “Minister” creates legal uncertainty and jurisdictional overlaps between the Ministry of Home Affairs and the Ministry of Village. Consequently, this research proposes two alternative solutions: (1) granting the Ministry of Village sole autonomy as the mandate holder for village sub-governmental affair; or (2) centralizing authority under the Ministry of Home Affairs. These findings emphasize the urgency of revising the definition of “Minister” and harmonizing implementing regulations to establish an integrated institutional framework, thereby ensuring bureaucratic efficiency and legal certainty.
Co-Authors Bimo Fajar Hantoro Bintar Abhi Saputra Enny Dwi Cahyani Muhammad Fauzan RIRIS ARDHANARISWARI Tenang Haryanto