Vol. 6, Issue 5 (2020)
Reconstruction of the regulation of community participation in the formulation of regional regulations in Indonesia based on the value of justice
Author(s): Nursid Warsono Setiawan, Gunarto, Widayati
Abstract: Ever since the regional autonomy system was implemented in Indonesia, the democratic process in Indonesia has seen signs of a return to an anti-democratic regime. The decline in democratic practices is due to the actions of the power-holding elites in the regions. Research by Demos (Institute for the Study of Democracy and Human Rights) in early 2005 detected the development of oligarchic democracy, which is a democracy in which all decisions are taken by a group of elites who are completely separate and do not represent the aspirations of the bottom. This problem encourages the author to examine it more deeply into a study with the subject matter of what are the problem that arise in community participation in the formulation of regional regulations in Indonesia currently and how to reconstruct community participation in the formulation of regional regulations in Indonesia based on the value of justice. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that the problem of the formulation of local regulations in Indonesia based on the results of the research by the author is still not aspirational even though by comparing it to other countries the result are still quite good. Even so, the current process of forming regional regulations still needs some improvements in order to maintain a good value of justice considering social conditions as the community always changes as it develops. therefore, in order to adapt to the changes, the law that needs to be reconstructed are the law number 45 of 2017 concerning community participation in the administration of regional government, in article 3 and is related to the provisions on Regional Regulation or Perda which are regulated in law number 12 of 2011 concerning the formulation of laws and regulations in article 96.