Analysis of the Implementation of Community Participation in the Formation of Legal Regulations (A Juridical Review of the Ruling of the Constitutional Court Number 82/PUU-XXI/2023)

Abstract

Constitutional Court Decision Number 82/PUU-XXI/2023 is an issue that has attracted the author's attention, several things have not been properly considered by the Constitutional Court (MK) when considering the plaintiff's petition. The request which was one of the reasons why public participation did not take place was related to the public consultation on the 2023 APBN Bill, only the internal Ministry of Finance was involved in it. This research aims to analyze Constitutional Court Decision No. 82/PUU-XXI/2023 to ensure implementation and community participation in the development of legal regulations. The type of research used is normative legal research and the application of a statutory approach, concept approach, analytical approach, and case approach. The results of research on the use of aspects of community participation or the principle of openness have not yet been implemented by legislators (regelging) from the first stage to the end of the bill. This can be seen from the existence of open gaps, discrimination, as well as the occurrence of a massive, systematic, and organized conflict of interest which also occurred in the PPP Bill, the Health Bill, the Assessment Bill (appraisal) of the APBN Bill and RDPU as well as public consultations on the drafting of the APBN Law by Ministry of Finance.