PARTISIPASI PUBLIK DALAM LEGISLASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA PERSPEKTIF HUKUM ISLAM

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.

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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

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