Workshop on Public Participation with the Faculty of Law, Andalas University
Public Participation in the Formation of Law

Presentation session by Mr. Feri Amsari,S.H., M.H., LL.M. expert from Andalas University

HSF

Background of the activity

One of the requirements for responsive law-making is to involve affected stakeholders in every step of formation. Starting from planning and discussion, until the finalization of the law, public participation is the gateway to the initiation of democracy in the process of law-making. By involving civil society in every process of the establishment of the law, justification of laws and legal products can be increased because law is seen as reflecting the interests of the wider society. Public participation also has an impact on how transparent government processes of legal products are rated.

During the workshop, Prof. Saldi Isra, Judge of the Constitutional Court, remarked in his keynote speech that public participation in the formation of laws has not been regulated rigidly in the Constitution of Indonesia after its amendments. Therefore, there is a need in the future to clearly regulate public participation in accordance with the legal system adopted in the country. Several legal experts from various universities in Indonesia contributed to the thematic discussion.

Keynote Speech by Prof. Saldi Isra, S.H., Judge of the Indonesian Constitutional Court

HSF

Expert recommendation

The following recommendations for strengthening public participation in the formation of law were brought forward:

1. Further sensitisation efforts are needed in order to increase public awareness on their role and their right to participation in the formation of laws;

2. There is a need for clear implementing regulations regarding the technical role of stakeholders in the stages of law-making.

3. Judicial review in the Constitutional Court should continue to be accessible to the public in order to ensure transparent legal processes

4. Build a digital-based platform that is easily accessible to disseminate information which is crucial to the various steps of law making like academic papers or draft laws.