DINAMIKA OTONOMI DAERAH DALAM PENGEMBANGAN METODE PARTISIPASI PUBLIK PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
ABSTRACT: This article is
taken from the research to study local democracy dynamic in regional autonomy
transition, especially after the enactment of Law No. 32 of 2004 concerning on
Regional Government and Law No 10 of 2004 concerning on Legislation Making. These
laws have influenced the process of public policy making at field. This research
analyse the implementation the word ’berhak’ (right to) as stipulated under
article 53 of Law No. 10 of 2004. From this point of view, this continues by
mapping the development strategy in making legislation at regional level,
mainly by searching to what extend public participation processes would
contribute at that level.
In local political context, the research aims to study how political
participation at local level fully involves citizen to take decision,
especially connected to: First, economic democracy which is a participatory
magement all citizen in productive assets and collective property rights.
Second, politic pluralism democracy which is an understanding and sensitivity
over pluralistic and locality aspects of the needs and aspirations any citizen
in public policy making.
The research method uses a non-doctrinal legal research, especially by
emplying sociology of law and political economy of law. The result is written
in descriptive-analytic model. The research only limits on the development of
public participatory method, so then it would have critical points in reforming
law and institution, especially to guarantee public participation rights.
The recommendations are: First, the needs of key action and more
participative for reforming all policies at regional level, by emphasizing
through (1) state institution reconstruction which more guarantees citizen
political participation; (2) the shifting from ‘top-down’ to ‘bottom up’
processes; (3) the empowerment of people
(capacity building) and local institutional strengthening.
Second, strengthening legal framework for public participation, either at
legislation or regulation levels. The public participation initiative through
regional regulation or to improve parliament mechanism order are important to
develop public participation methods in local regulation making. Furthermore, The research needs to be
followed up by studying deeply about how the legal framework to secure better
should be formulated, especialy in responding public participation, either
better procedural control or substantial control from public. This research
contributes partly in providing possible models and [legal] formulations which
are more responsive to the people needs and justice, also to strengthen
democratization processes in local governance system.
Penulis: R. Herlambang Perdana
Wiratraman
Kode Jurnal: jphukumdd100132
