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All Journal Brawijaya Law Journal : Journal of Legal Studies Media Iuris Notaire Yuridika Jurnal Legislasi Indonesia Business and Human Rights Law and Policy

Ekawestri Prajwalita Widiati

Faculty Of Law, Universitas Airlangga

Author-ID : 3197913

Law, Crime, Criminology & Criminal Justice

Published : 9 Documents Claim Missing Document

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PENDELEGASIAN PENGATURAN OLEH UNDANG-UNDANG KEPADA PERATURAN YANG LEBIH RENDAH DAN AKIBAT HUKUMNYA Sukardi Sukardi; Ekawestri Prajwalita Widiati
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations is made for.

LOCAL LEGISLATIVE DRAFTING IN THE UNITARY STATES: A COMPARISON BETWEEN INDONESIA AND PHILIPPINES Ekawestri Prajwalita Widiati
Yuridika Vol. 28 No. 3 (2013): Volume 28 No 3 September 2013
Publisher : Universitas Airlangga

Local authorities can be found in federal and unitary states. It is the spearhead of the states to enhance a more prosperous and democratic society which provides a range of services in the daily basis. This essay attempts to look at how the national government in unitary states designs local bill-drafting process by doing comparative analysis between Indonesia and Philippines using bill drafting process by Seidmans. By looking at the bill drafting process this essay is trying to figure out the variation of coordination between elements in the local government. Philippines, in this comparative study applied a more radical distribution of power than Indonesia. In Indonesia, however, the relation between the local legislative and executive in the bill-drafting process shows a weak separation. This article conclude that by figuring out the variation of coordination between elements in the local government, at least in Indonesia and Philippines it is seen that coordinated activities in the local legislative process reflects the chosen methods of distributing power taken by the states.Keywords: local authorities, government, local legislative, legislative drafting.

Efficient Public Participation in the Local Law-Making Process Ekawestri Prajwalita Widiati
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

Getting the public to participate in the government’s policy reflects a sense of control in democracy. However, constructing a mechanism of participation in legal provisions could be dilemma. It is important to realize that involving citizen in local government decision making particularly in law-making process has a fundamental difficulties; the essence of participation itself (openness and transparency) and the need to be efficient. This essay formulated an effective mechanism of public participation by juxtaposing steps in the local legislative process with the criteria of efficiency. This discussion is trying to encompass citizen participation from the initiation of a policy until it is enacted as a local legislation. Then in the next step, it will assess the elements that constitute an efficient drafting process. This article will consider such factors that are; financial cost; human resources or effort; wasted time; risk of failure; progress. The hypothesis is that not all of the means of public participation are efficient. The ideal notion of public participation put weighs on Local Authorities. What is needed to be underlined in this discussion is, to maximize the advantage of citizen involvement, it is important to look at the sequence where it should be held and what is the content. Moreover, the process of public participation should reflects principles namely: discovery, education, measurement, persuasion and legitimization.

Co-Authors Amira Paripurna Dwi Rahayu Kristianti Masitoh Indriani Pratiwi, Citra Agustin Randy Pramira Harja Sukardi Sukardi Zendy Wulan Ayu W.P.

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