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All Journal Journal of Contemporary Law Studies International Journal of Constitutional and Administrative Law
Rahmat Mokodompit
Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Mengonseptualisasi Prinsip Meaningful Participation Melalui Kerangka Demokrasi Deliberatif Jürgen Habermas: Analisis terhadap Putusan MK No. 91/Puu-Xviii/2020 Rahmat Mokodompit; Zamroni Abdussamad; Ahmad Ahmad
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5097

Abstract

This article aims to analyze the concept of public participation within Jürgen Habermas’s deliberative democracy framework by focusing on three fundamental rights: the right to be heard, the right to be considered, and the right to be given an explanation. These rights are examined as an integrated deliberative process that links the lifeworld, the public sphere, and the political system. Using a qualitative method with a theoretical approach, this study relies on an extensive literature review to interpret Habermasian deliberative democracy and to explain how citizens’ voices obtain normative legitimacy in democratic decision-making. The findings indicate that the right to be heard highlights the importance of acknowledging citizens’ lived experiences as a moral foundation for public policy. The right to be considered emphasizes the need for an inclusive, domination-free public sphere in which arguments are assessed on equal terms. Meanwhile, the right to be given an explanation underscores the political system’s responsibility to respond to public opinion communicatively rather than merely through formal procedures. The analysis concludes that public participation becomes substantively meaningful only when grounded in communicative rationality and protected from system colonization. Therefore, political legitimacy in modern democracy should not rest solely on procedural compliance but on rational dialogue formed between citizens and the state within a deliberative public sphere.
The Role of Judicial Review by the Constitutional Court as Guardian of the World of Life: An Approach by Jürgen Habermas Rahmat Mokodompit; Hartina
International Journal of Constitutional and Administrative Law Vol. 1 No. 2 (2025)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/137wzf49

Abstract

The Constitutional Court plays a strategic role in Indonesia's constitutional system through its authority to conduct judicial review of laws. This authority is not only technical in nature, but also determines the quality of legal legitimacy and substantive democracy. This article aims to analyze the role of judicial review by the Constitutional Court as the guardian of the lifeworld using Jürgen Habermas' approach. This study uses a normative method with a legislative and conceptual approach. The results of the study show that in a legal formation dominated by instrumental rationality, the law has the potential to become detached from the values and social experiences of society, thereby colonizing the lifeworld. In this context, judicial review by the Constitutional Court functions as a corrective normative mechanism that reconnects law with communicative rationality and democratic legitimacy. This article argues that the Constitutional Court can act as the guardian of the lifeworld as long as judicial review is conducted openly and argumentatively.
Co-Authors Ahmad Ahmad Hartina Zamroni Abdussamad