Implementation Of Public Participation Research Articles

Implementation of Community Participation in the Process for Forming Responsive Regional Regulations in Bandung City

Community participation in the formation of local regulations is very important, because local regulations that are formed must be in accordance with the wishes and needs of the community. Implementation of community participation in the formation of local regulations will determine the quality, have an impact on the local regulations that are formed. However, community participation in the city of Bandung in the formation of local regulations is lacking. The problems raised by the author are: (1) how is the basis for the implementation of the formation of local regulations in the city of Bandung number 2 of 2013 concerning social institutions 2) how the implementation of public participation in the formation of local regulations in the city of Bandung, 3) how the process of forming a participatory and responsive local regulations in Bandung. The purpose of this study is to find out, study and analyze regarding: (1) the basis of the implementation of the formation of local regulations in Bandung City number 2 of 2013 concerning social institutions, (2) implementation of community participation in the formation of local regulations in the city of Bandung, and (3) the process the formation of participatory and responsive local regulations in the city of Bandung. This study uses a sociological juridical approach, with descriptive research specification analysis. The data used in this study are primary and secondary data, obtained through interviews and literature studies, which are then analyzed qualitatively. The results showed that: (1) community participation in the formation of local regulations can improve the quality of local regulations because the community is the object of the local regulations and the people who run the local regulations. Community participation produces input to improve the quality of decisions, and the implementation of local regulations will run more optimally; (2) The process of forming local regulations in Bandung is less participatory and not responsive, so that the resulting decisions are not yet of quality and not in accordance with the needs and expectations of the community, other than that it can not be minimized public turmoil or dissatisfaction and in the end the implementation of regional regulations is not running properly; and (3) the causes of the lack of quality community participation in the formation of local regulations in the city of Bandung are: (a) lack of understanding of the community in the process of establishing local regulations, (b) lack of decisive efforts from local governments in capturing the aspirations of the community, (c) the regulations are not made based on the interests of the community and the socialization of local regulations have not been maximized, and (d) the community is less involved. The solutions needed include: (a) a commitment from the law makers in the regions to involve the community in any discussion of the Peraturan Daerah, (b) a clear and transparent socialization and enforcement of the Peraturan Daerah is needed, (c) a more accurate study of the problems faced community, and (d) involving all elements of society. Keywords: Community Participation and Responsive Local Regulations

Problematika Hukum Pembentukan Undang-Undang Nomor 13 Tahun 2022 Tentang Pembentukan Peraturan Perundang-Undangan

This study aims to find out and analyze first, the implementation of the principle of forming laws and regulations in law number 13 of 2022 concerning the formation of laws and regulations and secondly, the implementation of public participation in the discussion process of law number 13 of 2022 concerning the formation of laws and regulations -invitation. This study uses normative legal research methods with statutory and conceptual approaches. The results of the research conclude that, first, based on the principles of forming laws and regulations, that Law no. 13/2022 only fulfills some of the principles of the formation of laws and regulations as stipulated in Article 5 of Law no. 12/2011 considering that the formation of Law no. 13/2022 seems in a hurry to accommodate the Constitutional Court Decision Number: 91/PUU-XVIII/2020. Second, related to the involvement of public participation in the formation of Law no. 13/2022, the authors conclude that public participation is still minimal, bearing in mind that the transparency of the DPR and the Government in forming laws is only limited to openness of legislation in disseminating information on draft laws without any clarity from the results of public consultations held by the Expertise Body of the Secretariat General of the DPR RI.

PUBLIC PARTICIPATION RECONSTRUCTION IN LEGISLATION FORMATION IN INDONESIA POST-PANDEMIC

Abstract
 Covid-19 is not only a dangerous disease for humans, this pandemic also has an impact on the sustainability of democracy in Indonesia. In the last decade, Indonesia's democracy index has declined and even reached its lowest position in 2020. This is due to the lack of freedom and public involvement in actualizing their political interests, including in the formation of laws and regulations. The principle of openness in the formation of laws and regulations is intended to prevent corruption in legislation. But in fact, the implementation of public participation in the formation of laws and regulations is only a pseudo ritual. This research method uses normative research with approaches (statue approach, case approach and comparative approach). The results of this discussion find that the decline in Indonesia's democracy index is the lack of community involvement caused by the lack of government transparency in operating and less proactive legislators in preparing and screening of public participation and also it's still doesn't exist the absence of regulations governing participation mechanisms that accommodate input from the community. Then there is a need for improvements to the parliamentary system by reconstructing public participation which is not only limited to parliamentary agreements but also provides opportunities for the public to take part and have the right to an opinion and the right to ask for answers to opinions.

The E-Aspiration System as an Implementation of Public Participation from the Good Governance Perspective

This research aimed to examine democracy development using e-participation through the e-aspiration system applied in public services to realize the smart city in Magelang City. Magelang City Government has released a special mobile application called Magelang Cerdas. The ease of public services provided by the Magelang Cerdas application has created various features that promote e-participation. This refers to online public participation by utilizing information and communication technology and the smart city concept. The smart city is related to information and communication technology used in the social field. It could be realized by opening public participation in ensuring the democratic rights of every citizen through the e-aspiration. The goal was to capture people’s aspirations to increase their participation in influencing Magelang City development. This modern day the government should provide financial support for the technological developments. Therefore, public services should be provided through conventional and digital-based delivery, such as e-government, which reflects the principles of good governance. Digital-based services could fulfil people’s rights and obligations as citizens. As a result, the people would directly realize digital government according in the modern era. The ease of access in participation would also help the government follow the direction and needs of the people. In implementing the smart city concept, Therefore, this research examined the factors supporting and strengthening public participation in the smart city concept on the Good Gonvernance perspective.

Evaluation on the implementation effect of public participation in the decision-making of NIMBY facilities.

The construction of NIMBY (Not in my backyard) facilities has caused many conflicts but is struggling to reduce it in China. With the background of public participation in social governance in the future, effective public participation is extremely helpful to solve this issue. Promoting public participation and scientifically evaluating the implementation effect of public participation are urgent problems to be solved at present. This study aims to analysis the factors hindering public participation and improve the implementation effect. Therefore, an evaluation system with 16 factors is established based on literature review and questionnaire survey, namely the basis of participation, participation process, external support, and cost-effectiveness. Interactions among the 16 factors are further evaluated by expert opinions. The objective and subjective weights of indicators are determined and combined by introducing Decision-Making Trial and Evaluation Laboratory (DEMATEL) and entropy weight method (EWM). Considering the uncertainty and randomness of subjective judgment, cloud model is introduced to evaluate the implementation effect of public participation. Finally, this framework is applied to evaluate the project of Jiu Feng waste-to-energy (WTE) plant in Hangzhou, China, which verifies the applicability of the evaluation framework for the implementation effect of public participation in NIMBY facilities. The results indicate that the implementation of public participation is between "average" and "good", with significant room for improvement in the involvement of NGOs and the influence of public opinion on decision-making. Additionally, the participation process has a significant impact on the whole system. The framework can provide government departments with guidance in implementing public participation.

IMPLEMENTATION OF PUBLIC PARTICIPATION IN THE ESTABLISHMENT OF RULES OF LAWS AND REGULATIONS IN LEGISLATURE THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA DURING THE COVID 19 PANDEMIC

In the preamble to the Constitution of the Republic of Indonesia, it is stated that one of the objectives of the establishment of the Government of the State of Indonesia is to educate the life of the nation. Educating the nation's life through the education of people's sovereignty is one of the demands of a state of law. Realizing people's sovereignty in the Indonesian constitutional system is implemented through the branches of state power regulated in the Constitution of the Republic of Indonesia. The House Of Representatives (DPR), the Regional Representative Board (DPD), and the President hold the sovereign power of the people respectively. The DPR has the power to make laws. As a branch of state power that has the power to form laws, the DPR must pay attention to the sovereignty of the people which is reflected in the participation of the community or the public in forming laws and regulations, under any conditions, including during the Covid-19 pandemic. The involvement of public participation in legislation is intended so that the legislative products formed by the DPR are in accordance with the principles of people's sovereignty, aspirations and legal needs of the people and carry out the constitutional mandate, namely to educate the life of the nation. The implementation of public participation is not only carried out in the formation of laws and regulations, but also to the supervision of laws, as part of public political education efforts. Thus, one of the objectives of the formation of laws and regulations is to maintain the sovereignty of the people by educating the nation's life, even during the Covid 19 pandemic. This study aims to describe the implementation and objectives of public participation in the formation of legislation in the future. Covid-19 pandemic.

Analysis of Implementation of E-Legislation Based on Public Participation at the National Law Development Agency

Previous studies of e-rulemaking that have not touched the theme of e-rulemaking in Indonesia or e-legislation, findings of the observations of the BPHN's website are technical constraints and low public comment statistics, the urgency of the needs of the Indonesian Government in improving democracy and the quality of policies, as well as the legal vacuum regarding the provision of the implementation of e-legislation since 2014 until now, hence the review of this paper will be focused on the preparation of a research framework to address the quality of implementation of public participation with e-legislation. The qualitative research method used is literature review and observation on the BPHN’s website with a study period of October 2016-January 2019. The results of the literature review show, conceptually, quality of the e-rulemaking cannot only be seen from a large number of participants, but rather to the quality of comments that has a substantial depth to get the quality of policy and compliance in its implementation. The dimension of public administration is used to photograph the stages: (i) system input; (ii) system process, including processing and managing data and information; and (iii) the quality of public comments and the policy of draft output.

Factors in the Fight against Corruption in the Context of Civil Society and the Rule of Law

The research analyzes the main conditions by having which the state is able to fight against corruption. The preconditions and means of fight against corruption are determined; the results of their implementation in life are considered based on the examples of some countries, namely, availability of effective legislation, political will of the state, specialized bodies of fight against corruption, the establishment of civil society. It is noted that the fight against corruption is the management through a developed network of social institutions created on the basis of ‘participatory democracy’, that is, the interaction of personality, society and state on the principles of social partnership. This concept refers to a complex of political relations and technologies, which establishes public supervision over the activities of state authorities. At the same time, the latter requires a political will to fight against corruption, the legislative provision of this fight and the strict implementation of the adopted legislative acts. The main task for the civil society structures in the fight against corruption is the implementation of public participation in the process of preparing, discussing, adopting and monitoring the implementation of power decisions. Corruption as a systemic problem in Ukraine, demoralizing society, generates such a negative phenomenon of legal consciousness as legal nihilism in the social environment.

Implementasi Peran Serta Masyarakat dalam Pemberantasan Tindak Pidana Korupsi di Sumatera Barat

<em>Public participation is the active role of individuals, community organizations, or NGOs in the prevention and eradication of corruption. Forms of public participation contained in Articles 41 and 42 of Law on Corruption Eradication/PTPK. As a subject matter that will be explored, namely: 1) How does the implementation of public participation in efforts to combat corruption in West Sumatra. 2) What are the obstacles for people to take part in efforts to combat corruption. 3) Are efforts made to overcome the obstacles to participate in efforts to combat corruption. The research method used is the juridical sociological/empirical. Results and discussion of the study show that: 1) The role of the community in this regard NGOs in West Sumatra is high enough effort in eradicating corruption in West Sumatra, it is seen from the various agendas that have been implemented, one of which anti-corruption education among students. 2) Constraints were found to participate in the eradication of corruption is internal and external constraints.<strong> </strong>3) The efforts made by NGOs to overcome the internal obstacles are: Engaging the worshiper in discussions and training, open opportunities for students who have graduated to serve in institutions, maximize fundraising. While the effort to overcome external obstacles are: Enterprising discussions with law enforcement agencies, civic groups reported the formation of the government and the owners of capital who intimidate activists to the authorities, forming the Division Fundraising, is eager to press conferences and media discussion and establishment of shelters Monitoring and Advocacy Mafia Law.</em>

Foundations of the participatory approach in the Mekong River basin management

Integrated Water Resource Management (IWRM) was acknowledged as a leading concept in the water management for the last two decades by academia, political decision-makers and experts. It strongly promotes holistic management and participatory approaches. The flexibility and adaptability of IWRM concept are especially important for large, transboundary river basins - e.g. the Mekong river basin - where natural processes and hazards, as well as, human-made “disasters” are demanding for a comprehensive approach.In the Mekong river basin, the development and especially the enforcement of one common strategy has always been a struggle. The past holds some unsuccessful experiences. In 2016 Mekong River Commission published IWRM-based Basin Development Strategy 2016–2020 and The Mekong River Commission Strategic Plan 2016–2020. They should be the main guiding document for the Mekong river development in the near future.This study analyzes how the concept of public participation resembles the original IWRM participatory approach in these documents. Therefore, IWRM criteria for public participation in international literature and official documents from the Mekong river basin are compared. As there is often a difference between “de jure” and “de facto” implementation of public participation in management concepts, the perception of local stakeholders was assessed in addition. The results of social survey give an insight if local people are aware of Mekong river basin development and present their dominant attitudes about the issue. The findings enable recommendations how to mitigate obstacles in the implementation of common development strategy.

PRAKTIK PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DI KOTA AMBON

The purpose of this study was to analyze the practice of public participation in the formation of local regulation, the factors that affect, and forms of such participation. The study was conducted in the city of Ambon by using a type of juridical sociological. The results showed that the implementation of public participation in the establishment of Local Regulation in Ambon not maximized due to the lack of publication / dissemination of the legislative agenda to the public; the lack of awareness of community participation; and the rule of law on the mechanism of participation is not adequate. Participation is generally performed in the establishment of Local Regulation in Ambon is channeling aspirations through leaders / members of parliament, this shows the strength of political culture / development which is still dominated by a relationship that is patron-client.

Partisipasi Publik Deliberatif Berbasis Website Dalam Perumusan Kebijakan Daerah (Studi Kasus di Dinas Perizinan Pemerintah Kabupaten Sleman Tahun 2014)

Participation is one of the important elements that must be considered in the policy, this participation is a form of political participation of the people is very important in order to create good governance. Therefore, the implementation of public participation in policy formation should be regulated more clearly. Sleman District Government consistently manage the aspirations of the people with technology, information, and communication or so-called e-government. The purpose of this study was (1) Analyze matters relating to the implementation of deliberative public participation based websites (2) Analyzing the supporting factors and obstacles in the implementation of web-based deliberative public participation in Local Government Licensing Office Sleman 2014. This research pressure was on the field research and the method used in this study was descriptive analysis both qualitative and quantitative. The data particularly obtained from respondent by purposive sampling technique, based on the questionnaire and interview as primary data, and completed with secondary data. Results of the study, the research obtained showed that the implementation of public participation in policy formulation Sleman has been running well and were level Consultation (consultation), and there are stages Inclusion or participation. The driving factors: the institutional, kontinyunitas, facilities and infrastructure memadahi. Inhibiting factors: the complaint of data is not accurate, human limitations and human error.It can be concluded that the method of public participation in the formulation of regional policies, new is an obligation that must be implemented by the government, because of the demands of decentralization in local autonomy government wants a role alongside other stakeholders in the formulation of regional policies. Suggestions submitted so that in the future the government is obliged to increase the facilities of the level of public consultation into the degree of force (Degree of Citizen Power).

Partisipasi Publik Deliberatif Berbasis Website Dalam Perumusan Kebijakan Daerah (Studi Kasus di Dinas Perizinan Pemerintah Kabupaten Sleman Tahun 2014)

Participation is one of the important elements that must be considered in the policy, this participation is a form of political participation of the people is very important in order to create good governance. Therefore, the implementation of public participation in policy formation should be regulated more clearly. Sleman District Government consistently manage the aspirations of the people with technology, information, and communication or so-called e-government. The purpose of this study was (1) Analyze matters relating to the implementation of deliberative public participation based websites (2) Analyzing the supporting factors and obstacles in the implementation of web-based deliberative public participation in Local Government Licensing Office Sleman 2014. This research pressure was on the field research and the method used in this study was descriptive analysis both qualitative and quantitative. The data particularly obtained from respondent by purposive sampling technique, based on the questionnaire and interview as primary data, and completed with secondary data. Results of the study, the research obtained showed that the implementation of public participation in policy formulation Sleman has been running well and were level Consultation (consultation), and there are stages Inclusion or participation. The driving factors: the institutional, kontinyunitas, facilities and infrastructure memadahi. Inhibiting factors: the complaint of data is not accurate, human limitations and human error.It can be concluded that the method of public participation in the formulation of regional policies, new is an obligation that must be implemented by the government, because of the demands of decentralization in local autonomy government wants a role alongside other stakeholders in the formulation of regional policies. Suggestions submitted so that in the future the government is obliged to increase the facilities of the level of public consultation into the degree of force (Degree of Citizen Power).

PUBLIC PARTICIPATION IN WATER RESOURCES MANAGEMENT IN ROMANIA: ISSUES, EXPECTATIONS AND ACTUAL INVOLVEMENT

Water and its sustainable use is closely connected to developments in other fields, such as industry, agriculture and services, energy, nature conservation and health. The pressures imposed by the higher water demands, quality of discharges and climate change raise new water challenges which can be overcome only by coordinated efforts of multiple stakeholders through cooperation and participatory processes. This study presents how public participation – within the context of integrated water resources management – currently functions in Romania. Over the past twenty years, this country witnessed major political, social, economical and environmental transformations. These transformations also mark an evolution from a period in which communist structures destroyed any type of participation into a period in which societal organizations are reconstructed and participatory processes are developing. In this context, this contribution elaborates on the expectations of different stakeholders related to public participation in water resources management, as well as on the actual implementation of public participation in practice. Three case studies are presented, each of them analyzing different aspects of participation in water resources management: stakeholders’ expectations, formal participation procedures and active stakeholder involvement. By using the results of the case studies, we present some of the main issues connected to the limited participation in water resources management. We concluded that although there are institutional efforts and a general willingness to improve public participation in the field of water management, actual involvement of relevant stakeholders is still very limited.

Alternative perspectives? The implementation of public participation in local heritage planning

Recently, increased attention has been paid to the importance of everyday landscapes in the Western world, and a stronger political will to involve local participation in planning processes has emerged. The authors discuss the implementation of the political will to engage the Norwegian public in local heritage planning and whether or not this new role can have a mobilising effect on heritage protection. In Norway, cultural heritage managers have established methods for identifying valuable heritage assets in cultural historic landscapes. As increased responsibility for cultural heritage management is given to municipalities, more municipalities are making their own heritage plans to improve local heritage management. The article investigates how cultural heritage management in everyday landscapes is taking place, how heritage plans are developed, how local knowledge is involved, and what assets local residents appreciate in their environment, based on an in-depth study of two medium-sized Norwegian regional towns. The results show that local stakeholders were often invited to participate in planning processes, but that their contributions were largely kept out of official plans at the final stage. Further, the study revealed that memories and personal histories related to heritage appreciations are important elements in building identity, both at a personal level and at a local level.

Nouveautés constitutionnelles, juridiques et de politique générale relatives au Droit de l'Environnement et du Développement Durable dans le Royaume du Maroc

While in the past environmental sustainability has been given a lower priority within the overall development policy of the Kingdom of Morocco, the situation has changed significantly in the last decade. Under the reign of King Mohamed VI and already by the end of his father’s regency (King Hassan II) substantial legal, institutional and political developments took place. On the one hand the change is due to drought, the economic crisis, and the recent transitions in the Arab world (“Arab Spring”). On the other hand, international treaties have influenced developments with the effect that laws are being adjusted to a level comparable to those set up by European legislations. This article traces the changes and provides insights into the current situation. With regard to recent constitutional evolutions and their impacts, the rights of citizens to a healthy environment was recognised and institutionalised in an executive authority. Notably, due to a charter environmental matters are now available to a public debate giving public authorities, civil society organisation, the private sector and citizens a right to engage. Currently, the charter awaits its transposition into laws which will be carried out in the coming years. The high significance of international cooperation in environmental – as well as other – matters is acknowledged in the preamble of the Moroccan constitution, with the effect that international treaties, for example the Kyoto Protocol, the Stockholm POP Convention and the Cartagena Protocol, were negotiated and ratified in the national context during recent years. There have also been significant legal developments nationally. While 10 years ago there were hardly any laws addressing the environment in Morocco, today a large number of sectoral regulations acknowledge the value of the different environmental media, defining environmental quality targets as well as addressing authorisation procedures which foresee environmental impact assessment. Further developments involve, for example, the implementation of public participation and access to environmental information, which have already been introduced in some sectoral laws, but will gradually be subject to other sectors, too. These legal developments were followed by institutional changes that generally strengthen the actions of the Moroccan Environmental Department, which itself operates dynamically to fulfil its duties. Nevertheless, the role of local departments needs to be improved since they are still weak in terms of enforcement of the laws. This article concludes with a critical evaluation of the developments by criticising the absence of a strategic evaluation of the environmental situation and the shortcomings in the field of citizens’ rights and enforcement possibilities due to a lack of personnel and financial resources. Moreover, the lack of coordination between the sectors and unintended effects are addressed.

Rhetoric and Reporting of Public Participation in Landscape Policy

The involvement of the public in decision-making is established as a key feature of many planning policies. However, there is evidence from the literature of a prevailing gap between participation rhetoric on paper and participation at the operational level. We assess whether this is also the case with landscape policy and review landscape characterization and assessment initiatives in England, Norway, Slovakia and Malta, focusing on five dimensions of good practice: (i) scope of public participation, (ii) representativeness of those involved, (iii) timeliness of public involvement, (iv) extent to which participation is rendered comfortable and convenient for the public, and (v) eventual influence of public input on decisions. Reviewed reporting results indicate weaknesses in the implementation of public participation, with public involvement largely limited to consultation, with few efforts to ensure representativeness of participants, with predominantly late involvement of the public, and with limited influence of the public on outputs. Furthermore, few efforts appear to be made to facilitate participation for the public. Although the cases studied differ, none of them are fully satisfactory in relation to the European Landscape Convention's participatory targets. The reporting of public participation processes thus suggests that practices may fail to match the rhetoric.

Advocates for environmental justice: the role of the champion in public participation implementation

That segment of the community I would say is just in general pretty disenfranchised. We found that if you want participation you have to go to them. I mean there are days when you just need to go knock on the door. Brownfields developer in a poor urban neighbourhood This article considers the role that champions play as advocates for socioeconomically disadvantaged community member involvement in environmental management decision-making. Six case studies of brownfields redevelopment projects located in poor urban neighbourhoods are examined. Analysis of these case studies reveals how champion behaviour, which has typically been studied only in the context of technological innovation, is enacted in public participation efforts in the service of environmental justice. The study finds that champions who emerge in these settings lead the development and implementation of non-standard public participation process innovations.

Lost in Translation? The Need for ‘Upstream Engagement’ with Nanotechnology on Trial

Nowadays, the criticism of the so-called ‘deficit model’ and the need for ‘upstream engagement’ in science and technology are becoming part of the master narratives of public policies in many countries, especially concerning nanotechnology. This may be considered as a major success for STS scholars, whose research results have largely contributed to this change, especially those concerning the GMO controversies. Some STS scholars thus move from a position of distant and critical observers to the role of experts in social engineering or advisers of policy-makers. However, in their enthusiasm concerning the expected benefits of upstream engagement, institutions, TA practitioners and social scientists seem to ignore some important limitations as well as the implicit framing assumptions of the concept. Based on an experience made by a group of social scientists in the Grenoble area—one of the major ‘nanodistricts’ in Europe—our paper shows that the ‘upstream engagement’ concept is still embedded in a linear model of innovation and is not very useful to anyone pursuing the co-production of innovations. It is especially true when socio-technical networks are already aligned by powerful actors and a worldwide agenda as in the case of nanotechnology. In order to give an opportunity for public engagement to have a larger impact on decision-making, we propose an alternative approach, which combines Actor–Network Theory (ANT), as an analytical tool, with the reflexive and ongoing implementation of public participation. Public engagement is probably one of the critical loci where STS scholars must reflect on the articulation between the knowledge they produce and public policies in action.