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All Journal Spektrum Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum
Aziz Widhi Nugroho
Universitas Veteran Bangun Nusantara
Law, Crime, Criminology & Criminal Justice

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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.
Rekonstruksi Pembuktian Mens Rea bagi Kurir Narkoba Berdasarkan Doktrin Willful Blindness Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Retno Eko Mardani; Aziz Widhi Nugroho
SPEKTRUM HUKUM Vol 23, No 1 (2026): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v23i1.7124

Abstract

Narcotics law enforcement in Indonesia faces a paradoxical crisis where repressive criminal policies coexist with simplified evidence standards that often overlook the fundamental element of criminal liability: mens rea. Legal practice frequently adopts a de facto strict liability approach, where physical possession of narcotics automatically equates to guilty intent. This creates a substantive injustice, particularly for "instant couriers" who may be victims of deception (innocent agents). This research aims to reconstruct the evidentiary model of mens rea by adopting the "willful blindness" doctrine as an analytical bridge within the framework of the National Penal Code (dolus eventualis). Using a normative legal method with a conceptual and case-based approach, this study proposes a systematic reconstruction through objective indicators known as "Red Flags," such as unreasonable compensation and suspicious delivery patterns. The findings suggest that when a courier deliberately avoids confirming high-probability illegality, they should be held liable under a reconstructed mens rea standard. The implication of this study is the necessity of a standardized judicial guideline to distinguish between honest mistakes and epistemic strategies, ensuring a more proportional and human rights-oriented justice system.
Co-Authors Geofani Milthree Saragih Linda Ikawati Rengga Kusuma Putra Rengga Kusuma Putra Retno Eko Mardani Satriya Nugraha Siti Fatimah