IMPLEMENTASI PRINSIP NEGARA HUKUM DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA: STUDI PERBANDINGAN DENGAN AMERIKA SERIKAT

Abstract

The principles of rule of law as a dynamic phenomenon are included in the process of forming laws and regulations. Therefore, laws and regulations that function as a means of social engineering that will be applied to society must be formed through an appropriate process. So an analysis is needed regarding the application of the principles of an ideal rule of law to be applied in the formation of laws and regulations in Indonesia. The manuscript writing was carried out using a normative juridical method using a statutory approach and a comparative approach. Involving community participation in the formation of laws and regulations is a form of strengthening people’s sovereignty in the legislative process in Indonesia which upholds the principle of the rule of law. Based on the research results, efforts to uphold the principles of the rule of law by increasing public participation in the process of forming laws and regulations in Indonesia can be carried out by referring to what is carried out by the parliament in the United States, especially on laws with an omnibus mechanism. This method of community participation should be contained in the legal basis for the formation of statutory regulations, namely Law no. 12 of 2011 and its amendments. In other cases, it is also important to implement regulations related to the single subject rule in the formation of omnibus laws so that one omnibus law only focuses on one sector so that it can facilitate discussion and increase opportunities for public participation. Thus, the formation of laws in Indonesia becomes more democratic and dynamic in accordance with the principles of a rule of law.