eprintid: 49759
rev_number: 10
eprint_status: archive
userid: 12259
dir: disk0/00/04/97/59
datestamp: 2022-02-25 06:37:00
lastmod: 2022-02-25 06:37:00
status_changed: 2022-02-25 06:37:00
type: thesis
metadata_visibility: show
creators_name: AYU AZKIAH, S.H., NIM. 19203012048
title: PARTISIPASI PUBLIK
DALAM LEGISLASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 
TENTANG CIPTA KERJA PERSPEKTIF HUKUM ISLAM
ispublished: pub
subjects: ilmu_syariah
divisions: ilmu_sya
full_text_status: restricted
keywords: Public Participation, The Job Creation Act, Islamic Law
note: DR. OCKTOBERRINSYAH, M.AG.
abstract: The Job Creation Act is an omnibus law that the government legalized in
October 2020. This legalization has caused various polemics in the community
due to the lack of public involvement in the legislative process of the law. Public
participation, which is one of the important aspects of formulating a legal product,
tends to be invisible in the legislative process of The Job Creation Act. The public
views that the legislative process on The Job Creation Act is far from being
transparent and participatory. The formulation of the problem chosen is How is
public participation in the legislative process of The Job Creation Act? and How
is public participation in the legislative process of The Job Creation Act from an
Islamic legal perspective? 
This research is normative legal research using a normative juridical
approach that describes and analyzes public participation in the legislative process
of The Job Creation Act. This study uses primary and secondary data sources,
which will be analyzed using the concept of public participation and Islamic law
(siyāsah dustūriyyah). 
The results of this study indicate that The Job Creation Act can be
categorized as an unresponsive legal product. The legislative process of The Job
Creation Act tends to ignore the element of transparency (openness). The
principle of transparency in the legislative process is related to public
participation. The legislative process of The Job Creation Act that ignores
transparency causes the public not to participate. Public participation is one of the
important elements that must be implemented in the legislative process of the laws
that have been regulated in the P3 Law. It also shows the government's lack of
accountability to The Job Creation Act. Thus, The Job Creation Act can be
categorized as an unresponsive legal product because it does not comply with a
democratic political configuration that makes public participation a key element in
the legislative process. 
The government might be judged neglectful in carrying out its legislative
responsibilities based on Islamic constitutional law. Informing a policy, the
government must see and adjust to the situation and conditions of the community.
The legislative process for the Job Creation Law was carried out in a hurry and
was not participatory. In addition, the legislative process is carried out in the
absence of openness from the government. It is also difficult for the public or the
public to control the legislative process for the Job Creation Act because it is
implemented amid a community that is struggling to deal with the global COVID19
pandemic.

In addition, Islamic constitutional law also applies the principle of
deliberation in forming a policy. Public participation, which tends to be neglected
in the legislative process of the Job Creation Law shows that the legislative
process does not go through the stages of deliberation. The government should
carry out socialization as a room for discussion or deliberation so that the public
or the public can express their aspirations to the Job Creation Law
date: 2022-01-21
date_type: published
pages: 130
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI'AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   AYU AZKIAH, S.H., NIM. 19203012048  (2022) PARTISIPASI PUBLIK DALAM LEGISLASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA PERSPEKTIF HUKUM ISLAM.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/49759/1/19203012048_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/49759/2/19203012048_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf