Academic Opinion Opinion

Fast Track Legislation: Its Impact on the Principle of Meaningful Participation in Regulatory Formation in Indonesia

By Rafi Pravidjayanto

02 Jan 2025 07:14 WIB 02 January 2025 07:14 WIB 8 minutes reading time: 8 minutes 1 read

This article discusses the fast-track legislation mechanism in the formation of laws in Indonesia, including an analysis of its application that is responsive to community needs.

Fast Track Legislation: Its Impact on the Principle of Meaningful Participation in Regulatory Formation in Indonesia

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Table of Contents

Introduction
The Idea of Fast-Track Legislation and its Implementation Mechanism in Indonesia
Meaningfull Participation and Its Application to Fast Track Legislation
Conclusion
Bibliography

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Legal Literacy - This article discusses the mechanism of fast-track legislation in the formation of laws in Indonesia, including an analysis of its application that is responsive to the needs of the community. In addition, this article explores the importance of meaningful participation as a fundamental element in the legislative process to ensure justice, transparency, and community involvement in accordance with the constitutional mandate.

Introduction

The pragmatic values contained in Pancasila and the 1945 Constitution as the main foundation of national legal development, the values contained include the values of kinship, harmony, suitability, and balance that form a paradigm of harmony. The 3rd amendment to the 1945 Constitution in Article 1 paragraph (3) states that Indonesia is a state of law, so it is a logical consequence that all forms of state action, including citizens and other legal subjects, must be based on law. This implies that Indonesia is a democratic state of law based on Pancasila and the 1945 Constitution.[1] Prajudi Atmosudirjo said that there are three principles that a state of law must have, namely, the principle of forced monopoly where the State uses its instruments of power to make people obey what is the decision of the authorities. The principle of popular approval, where this principle implies that people are only obliged to comply with regulations made by state institutions from popular representation, namely the House of Representatives. The principle of legal association implies that together the people and the authorities are subject to the same and equal law.[2]

This is in line with the formation of laws that must meet the needs of the people by fulfilling the principle of equality as mandated by the 1945 Constitution. However, at the level of state institutions, there is an imbalance in the president who is proactive in the formation of laws. This power clearly opens a gap for the president to intervene in the time, direction, and priorities of national development. In the context of Indonesia, such power is not found in the constitution, but implicitly, the Indonesian president can issue Government Regulations in Lieu of Laws in a state of emergency. However, following the passage of time, the issuance of Perppu is felt to be used not only to respond to urgent state affairs, but is used to accelerate the making of laws without the proper channels (fast-track legislation).[3]

Thus, seeing the map of the problem, this article aims to analyze how the mechanism of fast-track legislation and its application in meeting the needs of the community by including elements of meaningfull participation in its application. By using juridical-normative methods as well as conceptual and legislative approaches, it produces a democratic-based fast-track legislation mechanism.