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All Journal Jurnal Hukum IUS QUIA IUSTUM AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Jamaludin Ghofur
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Public Participation in Establishing Legal Policy to TNCs’ Responsibility Upon the Violation of Right to Enjoy Healthy Environment in Indonesia Sri Wartini; Jamaludin Ghofur
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art2

Abstract

Public participation needs to be improved to promote an access to justice when the right to enjoy a healthy environment is violated by TNCs. This article has two problem formulations: first, how is public participation in making legal policy for the responsibility of TNCs. Second, why is it necessary to design a legal policy against the responsibility of TNCs for violating the right to enjoy a healthy environment is necessary to promote an access of justice. This research is normative. The approach used was the legislation and conceptual approach. The results of this study concluded that: first, public participation in the process of issuing a legal policy for the responsibility of TNCs in Indonesia has not been implemented properly. Second, the public participation in making the legal policy against the responsibility of TNCs for violating the right to enjoy a healthy environment is necessary to promote an access of justice
Public Participation as a Manifestation of Deliberative Democracy in the Drafting of Regional Regulations: Between Normative Ideality and Empirical Practice Satria, Indah; Jamaludin Ghofur
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.28055

Abstract

Public participation in the drafting of regional regulations (Peraturan Daerah) is a fundamental element in realizing a strongly legitimate local democracy. Normatively, the Indonesian legal system has recognized and regulated the right of public participation in the regional legislative process through Law Number 12 of 2011 in conjunction with Law Number 13 of 2022 concerning the Formation of Legislation and Law Number 23 of 2014 concerning Regional Government. However, empirical evidence shows that public participation in drafting regional regulations remains procedural and symbolic, not yet fully reflecting the principles of deliberative democracy. This article aims to critically analyze the normative ideal of public participation in the drafting of regional regulations, the empirical practice of public participation in various regions in Indonesia, and the factors that prevent such participation from becoming a substantive manifestation of deliberative democracy. This research employs a normative juridical method, drawing on legislative, conceptual, and court decision approaches, specifically using Jürgen Habermas's theory of deliberative democracy as the main analytical framework. The study's findings indicate that although the normative framework has opened up space for public participation, its implementation remains dominated by a procedural democratic paradigm that emphasizes formal stages without ensuring the quality of deliberation. Public participation is often limited to consultation forums that lack rational dialogue, are characterized by unequal power relations, and lack adequate feedback mechanisms. As a result, the regional regulations may lose social legitimacy. This article recommends strengthening the institutional design of public participation, oriented toward substantive deliberation, to achieve democratic, responsive, and equitable regional legislation.
Co-Authors Indah Satria Sri Wartini