Abstract
Instrument (tool) democracy in the legislation making process that can be implemented are information disclosure, public participation and complaint mechanism. In general instrument (tool) democracy in the legislation making process has been fulfilled but still in a limited scale, in the form of disclosure (information), public participation, and the complaint mechanism. The most dominaty of the instrument (tool) democracy in the legislation making process is Public Participation; Although the public participation are accommodated, but the problem involvement or participation is still more of a procedural nature and the artificial, yet touched on aspects of fundamental and substantial; In the second process of legislation making process, Public Participation are dominated by a particular group mobilization approach is more power and influence than any form of individual consciousness. Using theoretical models of participation of South Africa, then participation in Indonesia over the model called A Model of Public Participation Realism. According to this model, the participation of actors tend to do and dominated by interest groups and particural organizations. Here there is a tendency to understand the «public» in the context of limited on the grounds that the public as a whole may Numbert be involved in the process of legislation making process. Especially in the context of the formation of Horticulture Act, it is clear how participation is only carried out by groups or organizations exist of group interest organization
Highlights
The first amendment of the constitution of the republic of Indonesia, has changed the power of formulating laws, from what was originally held to the President, turned to the authority of the House of Representatives
As a form of embodiment of the provisions of Article 22 A, which states that the procedure for the formation of law, hereinafter regulated by law, has been enacted Law Number 10 of 2004 as has been replaced by
In explaining the instruments of democracy in the formation of laws, a question arises why in the formation of a law must be democratic? The answer of that question is the policy formed by the government together with the Parliament which set forth in the form of legislation governing the life of the community whose validity is general and widespread that the object of the application of the content or substance of the law is the community
Summary
The first amendment of the constitution of the republic of Indonesia, has changed the power of formulating laws, from what was originally held to the President, turned to the authority of the House of Representatives. Measures toward the formation of a higher quality law, part of an effort to support legal reform, have been realized through a national legislation program Such improvement efforts involve the formation process (formal), as well as the regulated substance (material). As a form of embodiment of the provisions of Article 22 A (the result of the second amendment), which states that the procedure for the formation of law, hereinafter regulated by law, has been enacted Law Number 10 of 2004 as has been replaced by. Pertaining to regional interests, are still faced with several problems In this connection it is important to see whether in this era of reform the state has really put forward the aspect of public participation in the formation of law and legislation in Indonesia, the public participation in the planning and discussion (law making process) is needed.
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