Community Participation in Making Public Policy According to the Perspective of Constitutional Law

10.2478/bjlp-2023-00000100

Abstract

In the legal process, it is necessary to have community participation in making public policies, it is not enough just for the government's authority. This is because the community can rationalize public policies made because they are the affected parties. Therefore this study aims to analyze community participation in public policy making from the perspective of constitutional law. Based on relevant laws and regulations, such as Law Number 25 of 2009 concerning Public Services, Law Number 12 of 2011 regarding the development of laws and regulations, and Law Number 23 of 2014 relating Regional Government, this study adopts a normative legal approach. The findings of the study indicate that public involvement in determining public policy is crucial for ensuring that decisions are made in line with community needs and desires. However, there are still many obstacles in implementing public participation in public policy making in Indonesia, such as the lack of public understanding of the policy making process, and the lack of space for participation provided by the government. In the perspective of constitutional law, public participation in making public policies is regulated in various laws and regulations, but efforts are still needed to strengthen the implementation of these rules.