PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN UNDANG-UNDANG PERSPEKTIF PERBANDINGAN SISTEM LEGISLASI INDONESIA DAN AFRIKA SELATAN

Akhmad Haqqul Zulfikar, NIM.: 19103070006 (2023) PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN UNDANG-UNDANG PERSPEKTIF PERBANDINGAN SISTEM LEGISLASI INDONESIA DAN AFRIKA SELATAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Community participation in the process of forming a law in a country is a form of how to strengthen public aspirations to achieve good democratic quality where the active role of all citizens is so significant in determining the direction of regulation in the future. The Indonesian and South African countries have their own concepts in accommodating forms of public participation in accordance with the character and system that applies in each country. However, the differences and similarities in the process of law formation in the two countries give rise to the significance of the study of how the comparison and activeness of public participation in the formulation of laws, as part of the index of good democracy. This type of research is normative juridical, namely research that uses an approach based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The nature of the research is descriptive qualitative using a comparison approach. The approach moves from a comparison of laws concerning community participation in the formation of laws in Indonesia and South Africa. The results showed that public participation in the formation of laws in Indonesia and in South Africa has been running in accordance with the laws in both countries. In general, the form of community participation in Indonesia and South Africa is almost the same. Indonesia has a new standard regarding public participation in the formation of laws stipulated by the Constitutional Court Decision Number 91/PUU-XVIII/2020. In South Africa, community participation in the formation of laws has been regulated in the Public Participation Framework for the South African Legisative Sector. However, South Africa has a higher level of community participation than Indonesia. This is because there is wide open access for the public in the legislative mechanism through proceedings, NCOP sitting, and legislative sitting in the South African parliament compared to Indonesia. In a deeper comparative study, it was found that people's participation in the process of forming laws in the two countries has differences, in Indonesia the lack of community activity is influenced by the relationship between the ruler and the society which seems to be farther away, in contrast to South Africa which is actively influenced by the closeness between the people and their leaders.

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