IMPLEMENTASI KONSEP PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN (STUDI KASUS PEMBENTUKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA)

Abstract

One of the reasons the Constitutional Court (MK) annulled Law Number 11 of 2020 on Job Creation is because the process of forming the law did not involve public participation. However, Constitutional Judge Manahan MP Sitompul and Constitutional Judge Daniel Yusmic P. Foekh have a different viewpoint (dissenting opinion). According to them, the process of forming the law did involve public participation. Based on the above problem, the problems in this study are, first, is it true that the process of drafting Law No. 11 2020 on Job Creation did not involve the public? Second, how is the concept of "public participation" constructed in our legal regulations? Third, what is the concept of "public participation" formulated by social scientists and legal experts, which can be a reference for law makers? 
 The conclusion of this study is: first, it is not true that the process of drafting Law No. 11 2020 on Job Creation did not involve the public. From the chronology, it is clear that various elements of society participated in the drafting process, up to the final discussion in the Indonesian House of Representatives (DPR RI). The rejection that was expressed through mass media or the walkout by some members of the DPR is also part of that participation. Second, the concept of "public participation" in law-making is constructed in our regulations quite clearly but not in detail, there is no clear boundary or criteria, either qualitatively or quantitatively. The lack of detailed and specific criteria, both qualitatively and quantitatively regulating "public participation" is what creates the opportunity for different viewpoints, between those who say "not participative" and those who say "participative" in the drafting process of Law No. 11 of 2020 on Job Creation. Third, the concept of "public participation" is formulated by social scientists and political scientists in various ways. But the essence is the same, that "public participation" is mandatory and commonplace in a democratic country. The people must be the subject of power. The state is present from the people, by the people, and for the people. That is democracy.