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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Multidisiplin (JUKIM)
Rengga Kusuma Putra
Universitas Sains dan Teknologi Komputer
Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Meaningful Participation in the Law Making Process from the Perspective of Democratic Countries (Comparison of Indonesia, South Africa and the United States) Rengga Kusuma Putra; Aziz Widhi Nugroho; Geofani Milthree Saragih; Siti Fatimah; Satriya Nugraha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5270

Abstract

Meaningful participation in law formation is a crucial aspect of a democratic country. The existence of this participation not only reflects the voice of the people but also increases the legitimacy of the resulting law. A legislative process that involves the community can create rules that are more responsive and in line with community needs. In this context, this research discusses meaningful participation practices in Indonesia, South Africa, and the United States. Each country has different approaches and mechanisms for involving the public in the legislative process. The research method used is normative legal research with a statutory approach and a comparative legal approach. Through this approach, the study analyzes the laws and regulations governing public participation and identifies best practices from each country. The research results show that South Africa implements an effective public consultation system, where the public can provide direct input in the discussion of draft laws. Meanwhile, the United States has a structured participation mechanism, including public hearings and gathering input from various stakeholders, thereby creating a space for constructive dialogue between policymakers and the public. On the other hand, Indonesia still faces challenges in ensuring meaningful participation, despite efforts through public discussion mechanisms. These findings suggest the need to improve participation mechanisms in Indonesia to optimize the quality of democracy and legal legitimacy. Apart from that, support from the government and society is needed to create a stronger culture of participation, so that every individual feels they have a role in the legislative process. In this way, it is hoped that the resulting law will not be just a formality, but wil.Keywords:Meaningfull Participation; Legislation; Law Making; Democratic.
A Critical Review of the Revision of Law Number 39 of 2008 on State Ministries from the Perspective of the Indonesian Rule of Law and the Principles of Pancasila Democracy Daulat Nathanael Banjarnahor; Rengga Kusuma Putra; Firinta Togatorop; David Banjarnahor
Jurnal Ilmiah Multidisiplin Vol. 4 No. 04 (2025): Juli: Jurnal Ilmiah Multidisiplin
Publisher : Asosiasi Dosen Muda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56127/jukim.v4i04.2166

Abstract

As a country with a constitution as the highest fundamental law, Indonesia regulates and distributes state functions to state power organs, which are then referred to as State Institutions. One of the state institutions regulated in the constitution is the State Ministry Institution, which is governed by Article 17 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, stating that the President is assisted by State Ministers. Article 17 paragraph (4) regulates that the establishment, amendment, and dissolution of state ministries are governed by law. This then became a polemic, because the People's Consultative Assembly (MPR) of the Republic of Indonesia had agreed to the Revision of Law Number 39 of 2008 on State Ministries, with one of the important points of change being the absence of a limit on the number of ministries, so that the number of ministries formed and established by the President is in accordance with the needs of state administration. The issues raised in this scientific article are: First, How to Critically Review and Analyze the Revision of Law Number 39 of 2008 on State Ministries from the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy, and Second, Whether the Revision of Law Number 39 of 2008 on State Ministries is in accordance with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy. The research method used to address the issues in this scientific article is the normative legal research method with a conceptual approach. The conclusion drawn from the problem-solving answers is: First, that the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila were not used as guidelines and were ignored by the State in the process of Revising Law Number 39 of 2008 on State Ministries, and Second, that the Revision of Law Number 39 of 2008 on State Ministries does not yet align with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy.
Co-Authors Aziz Widhi Nugroho DAULAT NATHANAEL BANJARNAHOR David Banjarnahor Firinta Togatorop Geofani Milthree Saragih Satriya Nugraha Siti Fatimah