Public Participation in Draft Laws at the Indonesian House of Representatives (ID0154)

The mainstreaming of meaningful public participation needs to be applied in the drafting of academic papers and draft laws by the Expertise Body of the Indonesian House of Representatives (DPR RI) as a supporting system in the legislative field. These efforts aim to realize a legislative process within the DPR RI that is more participatory, transparent, and accountable.

Targeted Issues

The public’s right to provide oral and/or written input in the drafting of bills is regulated under Article 96 of Law No. 12 of 2011 on the Formation of Laws and Regulations. Challenges emerged during the deliberation of Law No. 11 of 2020 on Job Creation, which was widely perceived as failing to provide adequate space for public participation in the legislative process. The Constitutional Court Decision No. 91/PUUXVIII/2020 on the formal review of Law No. 11 of 2020 on Job Creation affirmed that the enactment of a law requires more meaningful public participation, which must fulfill three prerequisite rights: the right to be heard, the right to have opinions considered, and the right to receive explanations or responses to the views expressed. These three prerequisites serve as a reference for implementing public participation that goes beyond mere formality and has a real impact on the legislative process. Accordingly, the DPR RI is committed to opening democratic space for all stakeholders, particularly members of the public who are directly affected by and have a vested interest in the formation of laws.

Causes of the Problem

As a legislative institution that continues to adapt to the demands of transparency and democratization, the DPR RI recognizes the importance of strengthening the quality of public participation at every stage of the lawmaking process. In this process, a number of structural and technical challenges remain and require continuous improvement. The effectiveness of a law is determined not only by the substance of its legal provisions, but also by the extent to which the public is actively and meaningfully involved at each stage of its formulation. Several key challenges have been identified, namely: Public consultation processes have not yet been able to reach representative participation from all stakeholders who should be involved in the drafting of academic papers (NA) and draft laws (RUU). The availability and accessibility of information remain limited, particularly for certain community groups, thereby constraining meaningful public participation. Time constraints in conducting public consultations have limited the ability to engage all relevant stakeholders, including those who are directly affected or have vested interests. Public expectations for timely responses to inputs provided during the drafting of academic papers and draft laws. Political dynamics within the DPR RI that affect the implementation of public consultations, resulting in suboptimal execution. The absence of clear guidelines for conducting systematic and accountable public consultations, which has hindered the fulfillment of meaningful public participation.

Proposed Solutions

First, to develop Guidelines for Meaningful Public Participation in the Drafting of Academic Papers (NA) and Draft Laws (RUU). These guidelines aim to realize meaningful public participation by fulfilling the three prerequisite participation rights, while emphasizing a paradigm shift from passive to active engagement through strengthened governance of follow-up actions on public inputs. Through this approach, the public can participate actively, understand how their aspirations are channeled, and obtain fairness regarding how their views on draft laws are addressed.
Second, to expand public participation channels, particularly online-based applications, as an implementation of the Law on the Formation of Laws and Regulations, and as platforms for the public to actively submit inputs.
Third, to ensure the availability of adequate and sustainable budgetary support to enable meaningful public participation through systematic and accountable public consultations, conducted both offline to reach all stakeholders and online through platforms such as SIMAS PUU.

Relevance to the 5 Strategic Issues of OGI

In relation to civic space and democracy, these guidelines will ensure that meaningful public participation is not treated merely as a procedural formality, but rather as the active involvement of the public in the law-making process. This approach will also strengthen the state’s efforts to fulfill human rights, particularly the right to participate in public affairs as stipulated in the International Covenant on Civil and Political Rights (ICCPR) and Article 28D paragraph (3) of the 1945 Constitution of the Republic of Indonesia (Second Amendment).

Relevance to the Government's Priority Agenda

Strengthening meaningful public participation in the drafting of academic papers (NA) and draft laws (RUU) supports the legislative function of the DPR RI while simultaneously realizing democratic rights and upholding freedom, equality, and justice. Such participation enables citizens to play an active role in the political process and ensures that their interests are adequately represented. Sound governance of public participation also contributes to the achievement of Asta Cita 1 by promoting principled democracy, the protection of human rights, and policy inclusivity, including in the legislative process.

Expected Outcomes

The Guidelines for Meaningful Public Participation will encourage the opening of spaces for the public to engage in and monitor the drafting of academic papers (NA) and draft laws (RUU) that fall under the initiative authority of the DPR RI from the outset of the process. By doing so, the public—particularly communities that are directly affected or have a vested interest in a proposed law—will be assured that their inputs and aspirations regarding the substance of legislation are heard, considered, and provided with feedback by the drafting institution. Through these guidelines, the Expertise Body of the DPR RI will be able to implement new governance mechanisms that actively prioritize the fulfillment of public participation rights in a measurable and systematic manner. This step will have a significant long-term impact on stakeholder mapping, in line with the inputs and aspirations received. At the same time, the drafting process for academic papers and draft laws guided by these standards can set a stronger precedent through enhanced transparency, accountability, and the fulfillment of democratic rights, thereby improving the overall quality of NA and RUU. The scope of implementation of these guidelines under this commitment will focus on the Expertise Body of the DPR RI, specifically the Economic, Financial, Industrial, Development, and Social Welfare Affairs Legal Drafting Center, Parliamentary Expertise Agency of the House of Representatives

Commitment Plan

Results Indicators | Output | Timeline

Availability of Guidelines for Meaningful Public Participation in the Drafting of Academic Papers (NA) and Draft Laws (RUU) | Refined Guidelines for Meaningful Public Participation in the Drafting of Academic Papers (NA) and Draft Laws (RUU) | Estimated final output for year 1 (M-12) December 2026

Pilot Implementation of the Drafting of Academic Papers (NA) and Draft Laws (RUU) Initiated by the DPR RI at the Expertise Body of the DPR RI, Using the Guidelines for Meaningful Public Participation in the Drafting of NA and RUU | 1.Draft Academic Papers (NA) and Draft Laws (RUU) Initiated by the DPR RI Prepared by the Expertise Body of the DPR RI that Fulfill the Principles of Meaningful Public Participation 2.Regulatory Document on the Guidelines for Meaningful Public Participation in the Drafting of Academic Papers (NA) and Draft Laws (RUU) | Estimated final output for year 2 (M-24) December 2027