PUBLIC PARTICIPATION IN THE LAW MAKING PROCESS: QUESTIONING 'DIRECTLY AFFECTED PARTIES' IN THE DRAFT LAW

Abstract

This research examines the urgency of public participation in the legislative process, focusing on the existence and role of 'directly affected parties' as mandated in Article 96 paragraph (3) of Law Number 13 of 2022 on the Establishment of Laws and Regulations. Amid efforts to enhance transparency and accountability in the drafting of laws, public participation is often limited to feedback forms, without ensuring the active involvement of groups directly impacted by regulations. The research problem formulation highlights: (1) how the involvement of directly affected parties in the legislative process works, and (2) what the ideal regulation of 'directly affected parties' is in the process of law formation in Indonesia. The research methodology uses a normative legal approach with a conceptual approach, a statutory approach, and a comparative approach. It is complemented by case studies on several strategic draft laws that directly involve vulnerable groups or specific sectors. Secondary data is analyzed qualitatively to identify the gap between legal norms and practical implementation. Research results show that although the Law on the the Establishment of Laws and Regulations has accommodated the principle of inclusive participation, the implementation of Article 96 paragraph (3) is still weak due to ambiguities in the article's wording, bureaucratic resistance, and the dominance of political elites in the legislative process. The ideal regulation for those directly affected requires a clear definition, a systematic identification mechanism, and guarantees of substantive access rather than just procedural.