THE ROLE AND CHALLENGES OF PUBLIC PARTICIPATION IN LAW FORMATION IN INDONESIA: A DEMOCRATIC PERSPECTIVE

Abstract

This study investigates the challenges and inefficacy of public participation in Indonesia’s law formation process, focusing on its legal framework and democratic implications. The study adopts a doctrinal approach, employing both a conceptual and comparative framework to investigate public 
involvement in law-making from a democratic perspective. The study finds that vague legal provisions hinder meaningful public participation and recommends the establishment of explicit legal mechanisms to enforce public engagement. The findings indicate a pressing need for clearer, more detailed regulations governing public participation in the legislative process. Legislators should consider implementing formal feedback mechanisms early in the drafting phase to ensure inclusivity. In addition, involving a broad cross-section of the public may help reduce conflicts and create more representative and widely accepted laws. This study highlights critical gaps in the current regulatory approach to public participation in law-making and proposes the creation of mechanisms to enhance its effectiveness. The study’s value lies in its recommendation for a pre-legislative review process that could improve accountability and public trust in democratic governance. It contributes to the academic discourse on public participation by suggesting legal innovations to bridge the gap between legislative intentions and public expectations.