Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

Analisis Formalisme Meaningful Participation Dalam Pembentukan Undang-Undang Di Indonesia

Abdur Rahim (Institut Agama Islam Al-Zaytun Indonesia)
Ahmad Zaelani (Institut Agama Islam Al-Zaytun Indonesia)
Fatur Rahman Al Mugni (Institut Agama Islam Al-Zaytun Indonesia)
Edi Mulyadi (Institut Agama Islam Al-Zaytun Indonesia)
Sumariyadi (Institut Agama Islam Al-Zaytun Indonesia)
Abdul Hamid (Institut Agama Islam Al-Zaytun Indonesia)



Article Info

Publish Date
07 Jul 2026

Abstract

Indonesia is a country that places popular sovereignty as the highest foundation of state governance, including public involvement in every legislative process. This study aims to analyze the phenomenon of formalism in the implementation of meaningful public participation following Constitutional Court Decision No. 91/PUU-XVIII/2020. Although legal norms have guaranteed the right to be heard, the right to be considered, and the right to be explained, the reality of legislation reveals a tendency toward participation that is merely procedural or administrative in nature. Using a normative legal research method through a legislative analysis and case study approach, this study examines the drafting processes of the Job Creation Law, the IKN Law, and the RKUHAP. The findings reveal that meaningful participation is often reduced to merely fulfilling formal requirements to avoid annulment by the Constitutional Court, while the substance of public aspirations is overlooked in the fast-paced and closed legislative process. This contradiction has led to a crisis of democratic legitimacy and a decline in the quality of the resulting legal products. This study recommends that the Constitutional Court strengthen its formal review standards to ensure that public participation is conducted in a fair and transparent manner and has a tangible impact on the substance of legislation.

Copyrights © 2026






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...