One-Way Communication: Participation as a Mere Formality

The second problem, which is a result of the absence of clear regulations, is the platform design that has not been able to encourage active participation. Referring to the OECD framework, the interaction model on these portals is still largely at the lowest level, namelyinformation(the government provides draft bills/academic texts) andconsultation(the public is given a comment column). There is no established mechanism to create a symmetrical two-way dialogue, where public aspirations are not only accommodated, but also seriously responded to by policymakers. The absence of feedback (feedback) makes the public feel that their participation will not have an impact. As a result, the level of public engagement is very low, as evidenced by the lack of comments and input on each bill uploaded. In the end,e-participationwhat currently exists only fulfillsright to be heardin a limited way, but fails completely in fulfillingright to be consideredandright to be explained.

Learning from Global Practices: Three Successful E-Participation Models

To redesign a better system, we can learn from countries that have successfully implemented it earliere-participationeffectively.

Finland: The Power of Citizens' Initiative (Citizens' Initiative)

Finland implements a direct democracy model through a citizen initiative platform. This is a form ofCrowdLaworcrowdsourced legislation, where every draft bill initiative from the public that successfully collects a minimum of 50,000 signatures (both written and electronic) must be considered and decided by parliament within six months. This model empowers citizens not only to provide input, but also to proactively set the legislative agenda.

United States: Transparency Through Open Government

During President Obama's era, the US launched theOpen Governmentinitiative which also uses acrowdsourcingmodel. The public and experts are invited to provide ideas and input through a dedicated website. Interestingly, active participants whose contributions are considered substantive will be displayed on a leaderboard (",leaderboard"). This gamification and public recognition mechanism has proven effective in encouraging more qualified participation and building a sense of ownership.

European Union: Structured Openness Through "Have Your Say"

The European Union provides a central portal called "Have Your Say" as a single gateway for public participation. This platform has several advantages: openness of structured information based on topics and stages of the process, clear and sufficient participation deadlines (12 weeks), and most importantly, the obligation for the European Commission to publishan in-depth feedback reporton every input received from the public. This is a concrete manifestation of fulfillingright to be explained.

Redesigning E-Participation Indonesia: Four Pillars of Reform

Based on the evaluation of problems and lessons from global practices, a total reformulation of the ecosystem is needede-participationin Indonesia. This reform must be supported by four main pillars.

Strengthening Integrated Infrastructure and Regulations

The first step is to end ambiguity. There must bejoint regulations between the President and the DPRor at least regulations in each institution that clearly designatea unified platformas the main gatewaye-participationnational. This platform must be designated as part of the Priority Electronic-Based Government System (SPBE) to guarantee infrastructure support, data security, and interoperability according to the One Data Indonesia standard.

Adopting the Citizen Initiative Model and Crowdsourcing

To move from passive to active participation, Indonesia needs to adopt the modelcitizen initiativesas in Finland. Clear rules of the game need to be formulated, for example, online petitions supported by a certain number of citizens (with verification of population data) must receive an official response or even be discussed in a Public Hearing (RDPU) in the DPR. This is a concrete implementation ofright to be consideredat the legislative planning stage.

Regulating the Timing and Stages of Participation

Participation should not only be opened at the beginning as a formality. Implementing regulations must explicitly require the opening of digital participation channels inevery stage of the legislative process, starting from planning (preparation of Prolegnas), drafting (preparation of Academic Texts and Bills), discussion (Level I and II), to ratification. Each stage must have a clear and adequate participation deadline.

Building Two-Way Dialogue and Feedback

This is the most important pillar for building public trust. The platforme-participationmust be designed to facilitate two-way dialogue. Public input must be able to be responded to directly by members of the council or government representatives. At the end of each stage, there must be an obligation for lawmakers to publish a report explaining what input was received, which was accommodated, and which was not, along with the reasons, similar to the "Have Your Say" model in the European Union.

Conclusion: From Digital Formality to Substantive Democracy

Constitutional Court Decision Number 91/PUU-XVIII/2020 has provided a strong constitutional mandate to realize meaningful public participation. Digital technology offers a golden opportunity to realize this mandate more broadly and inclusively. However, technology is only a tool. Without a strong political will to carry out fundamental reforms, the platforme-participationwill only become an empty digital showcase and merely fulfill formalities. It is time for Indonesia to shift from a fragmented and one-way approach towards an integrated, interactive, and accountable digital participation ecosystem. By building clear regulations, adopting active participation models, and most importantly, institutionalizing feedback mechanisms, we can truly claim the promise of digital participation and transform it from a mere slogan into a pillar of substantive legislative democracy in the future.  
Editorial Note: This article is an in-depth review and analysis based on a scientific journal article entitled "Integrating Electronic Participation in the Legislative Process to Optimize the Fulfillment of Meaningful Participation" by Mochamad Adli Wafi and Muhammad Machshush Bill Izzi, which was published in Jurnal Konstitusi, Volume 21, Nomor 4, Edisi Desember 2024.

Source

Mochamad Adli Wafi and Muhammad Machshush Bill Izzi. "Integrating Electronic Participation in the Legislative Process to Optimize the Fulfillment of Meaningful Participation."Jurnal Konstitusi, Vol. 21, No. 4 (December 2024).