Ahmad Jamil Pasaribu, Agus Suradika, Mawar, Andriansyah Andriansyah

Assessing the effectiveness of public participation in regional regulation formulation

Introduction

Assessing the effectiveness of public participation in regional regulation formulation. Study finds public participation in South Tangerang regional regulation formulation is limited, inconsistent, procedural, yielding low-quality input & engagement.

Abstract

This study aims to analyze the effectiveness of public participation in the formulation of regional regulations (Perda) in South Tangerang City and to examine how legal, institutional, and sociocultural factors shape the participatory process. It also seeks to determine whether existing legislative frameworks, particularly Law No. 13 of 2022 are implemented as intended in facilitating meaningful participation. The research employs an empirical legal approach supported by qualitative methods, combining normative analysis of legislation with field data obtained through in-depth interviews, participant observation, and document review. Data were analyzed using Miles and Huberman’s interactive model, while the effectiveness of participation was assessed through Soerjono Soekanto’s five legal effectiveness factors. The study finds that although the legal framework formally guarantees public participation, its implementation within the DPRD of South Tangerang City remains limited, inconsistent, and largely procedural. Participation tends to involve only invited stakeholders, many of whom lack adequate understanding of the substantive issues, resulting in low-quality input. Institutional gaps, particularly the absence of explicit participation procedures in the DPRD Standing Orders and limited access to draft regulations further weaken engagement. Sociocultural conditions indicate a shifting but still uneven participatory legal culture, where public involvement is recognized yet not fully realized in practice.

Review

This study addresses a highly pertinent and critical issue concerning democratic governance: the effectiveness of public participation in regional regulation formulation. By focusing on South Tangerang City, the research provides a valuable empirical lens into the implementation of Law No. 13 of 2022 and the broader dynamics of participatory processes in local legislative bodies. The authors clearly articulate their objectives, aiming to not only assess participation effectiveness but also to unpack the intricate interplay of legal, institutional, and sociocultural factors that shape it. The methodological approach appears sound and comprehensive, employing an empirical legal framework complemented by robust qualitative methods, including in-depth interviews, participant observation, and document review, and applying established analytical models like Miles and Huberman and Soerjono Soekanto's legal effectiveness factors. The findings reveal a significant and concerning gap between the formal legal guarantees for public participation and its practical, largely superficial implementation within the DPRD of South Tangerang City. The study effectively demonstrates how participation is often limited to invited stakeholders who frequently lack a substantive understanding of the issues, leading to low-quality input that does not genuinely enrich the regulatory process. Furthermore, the research astutely identifies critical institutional deficiencies, such as the absence of explicit participation procedures in the DPRD Standing Orders and restricted public access to draft regulations, as key impediments. The nuanced observation of a "shifting but still uneven participatory legal culture" offers a crucial sociocultural dimension, highlighting that while the principle of public involvement is recognized, its full realization remains elusive. These findings carry significant implications for strengthening democratic accountability and improving the quality of regional regulations. The study's detailed analysis of legal, institutional, and sociocultural barriers provides a robust foundation for policymakers to develop targeted interventions aimed at fostering more meaningful and inclusive public engagement. Future research could build upon these insights by exploring specific mechanisms to enhance public understanding of substantive issues or by conducting comparative analyses with regions where participation is deemed more effective. Overall, this research makes a valuable contribution to understanding the complexities of participatory governance in practice, offering critical insights for both academic discourse and practical reforms in the pursuit of genuinely effective regional legislative processes.

Full Text

Comments

You need to be logged in to post a comment.