Domus Legalis Cogitatio
Vol 1 No 2 (2024): Domus Legalis Cogitatio Vol 1 No 2 October 2024

PREVENTING TOKENISM IN THE FORMATION OF LEGISLATION THROUGH MEANINGFUL PUBLIC PARTICIPATION

Windy Virdinia Putri (Yogyakarta Muhammadiyah University)
Gumilang Fuadi (Badan Riset dan Inovasi Nasional)
Nanik Prasetyoningsih (Yogyakarta Muhammadiyah University)



Article Info

Publish Date
31 Oct 2024

Abstract

The Constitutional Court Decision Number 91/PUU-XVIII/2020 expands the meaning of public participation, namely that public participation in forming laws needs to be carried out meaningfully. The discussion about public participation is closely related to the relationship between the community and the state in forming policies that the state will issue to regulate its citizens. This paper analyzes the arrangements for meaningful public participation after the second amendment to Law Number 12 of 2011 concerning the Formation of Legislation (UUP3) with two objectives, first to find out the arrangements for meaningful public participation after the second amendment to UUP3 from the perspective of the Arnstein Participation Ladder. Two to knowing the meaning of meaningful public participation so as not to be in the area of ​​tokenism. The results of the study show that the regulation of public participation is in the area of ​​tokenism because there is no guarantee that decision-makers will accommodate the voice of the community. The way to increase public participation while at the same time encouraging community involvement far beyond tokenism is to arrange a public sphere mechanism for public debate to occur as the basis for drafting the National Legislation Program.

Copyrights © 2024






Journal Info

Abbrev

DLC

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

DLC is a peer-review journal published by Master of Law Study Program, Faculty of Law Universitas Atma Jaya Yogyakarta, Indonesia. Covering only English articles, DLC is published two times a year, in April-September and October-March. This website provides immediate open access to the journal’s ...