Workshop on Public Participation with Faculty of Law, Jember University
HSF and the Center for Pancasila and Constitution Studies (PUSKAPSI) of Jember University held a Workshop on Compilation of Jurisprudence of Constitutional Court Decisions regarding Guaranteed Public Participation

Presentation session by the expert

HSF

Background of the activity

Public participation in the formation of law is a fundamental requirement in a democracy, starting from the planning stage up to the judicial review process in the Constitutional Court. However, leading experts agree that Indonesia still needs to improve public participation in these processes.  Therefore Hanns Seidel Foundation Indonesia (HSF) and the Faculty of Law from the University of Jember had the idea to review decisions of the Indonesian Constitutional Court that tackle this issue. The compilation of jurisprudence from the Constitutional Court decision that was produced in the workshop shall serve as a guideline for judges in the future when ruling on the similar cases. It also might also constitute a source of knowledge and reference for state administrators, universities and society in general.

Keynote Speech by Mr. Dr. Anwar Usman, S.H., M.H., Chief Justice of the Constitutional Court

HSF

Due to the conditions of the Covid-19 pandemic, this activity was carried out in a hybrid manner, where some participants attended online activities via zoom and some participants attended offline in Jember while still paying attention to strict health protocols by wearing masks and keeping their distance. 

In his opening remarks, the Director-General of Legislations of the Indonesian Ministry of Law and Human Rights. Mr Prof. Widodo Ekatjahjana stated that “Public participation is related to accessibility of information. This would best be realized if we had regulations which clearly stipulate participation. In the future, it is necessary to identify the definition of public participation in the law-making process and in the Constitutional Court.”

Discussion Session of the participant in virtual and offline

HSF

The activity closed by highlighting two major points:

1. To make it easier for the public to know their rights and obligations regarding public participation in state administration, it is necessary to publish a compilation containing decisions of the Constitutional Court which guarantee public participation in various fields. This book could serve as a guideline for citizens to claim their rights in the future.
2. Broadly, aimed at policymakers and the legislators, public participation should take place in a meaningful way at every stage of law making and should not just be seen as a formality.