MEANINGFUL PARTICIPATION IN LEGISLATION RETURNING SOVEREIGNTY IN THE HANDS OF THE PEOPLE

Abstract

The Constitutional Court's Decision Number 91/PUU-XVIII/2020 has been accommodated through Law Number 13 of 2022, which requires the implementation of meaningful participation in the parliamentary legislation system. Meaningful participation is the ideal principle of the law-making system that restores sovereignty in the hands of the people so that the Right to be Heard, the Right to be Considered, and the Right to be Explained can be implemented in the legislative system. The research questions are: first, whether the principles of meaningful public participation have been effectively implemented following the Constitutional Court Decision Number 91/PUU-XVIII/2020, which has implications for the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011? What steps can be taken to ensure the Government and the House of Representatives comply with the principles of meaningful participation? This research employs normative juridical research methods with a legal and comparative approach. It reveals that meaningful participation has been successfully regulated in the law but has not been effectively implemented during its drafting.  the implementation of the principle of meaningful participation should be carried out through all stages of the drafting of the Law, namely the pre-legislative stage, the legislative stage, and the post-legislative stage.Failure to carry out meaningful participation is like hijacking sovereignty from the hands of the people and forming a dictatorship of Legislation.