Analisis Pembentukan Peraturan Dprd Dalam Perspektif Partisipatif

Setiawan, Fajar Bagus and Sahetapy, Elfina Lebrine (2026) Analisis Pembentukan Peraturan Dprd Dalam Perspektif Partisipatif. In: Dinamika Hukum Pengaturan BUMDesa. Program Pascasarjana Magister Ilmu Hukum Universitas Surabaya, Universitas Surabaya. (Submitted)

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Abstract

Abstract— This study aims to analyze the legal politics underlying the formulation of the Rules of Procedure of the Honorary Board of the Regional House of Representatives (DPRD) of East Java Province and to examine their conformity with the principle of meaningful participation following Constitutional Court Decision Number 91/PUU-XVIII/2020. This research employs normative legal research using statutory, conceptual, case, and historical approaches. The legal materials consist of primary, secondary, and tertiary sources analyzed through descriptive-analytical methods supported by systematic legal interpretation. The findings indicate that the legal politics underlying the formulation of the Rules of Procedure primarily emphasize strengthening the internal governance of the DPRD through a self-regulatory mechanism supported by adequate philosophical, juridical, and sociological foundations. Nevertheless, the political configuration surrounding the drafting process remains dominated by internal institutional interests, resulting in a legal product that tends to exhibit conservative characteristics in terms of its legislative process. Furthermore, the study reveals that the formulation process has not fully complied with the principle of meaningful participation established by Constitutional Court Decision Number 91/PUU-XVIII/2020. The indicators of the right to be heard, the right to be considered, and the right to be explained have not been optimally implemented, placing the overall fulfillment of meaningful participation within the low category. Consequently, the level of constitutional compliance demonstrated by the DPRD in formulating its internal regulation remains insufficient according to contemporary constitutional standards. This research proposes a normative model for drafting DPRD internal regulations based on meaningful participation by integrating transparency, public consultation, substantive consideration of public input, and institutional accountability as essential elements for strengthening participatory democracy and constitutional compliance in the formulation of internal parliamentary regulations.

Item Type:	Book Section
Uncontrolled Keywords:	Legal Politics; Meaningful Participation; DPRD Honorary Board; Constitutional Compliance; Constitutional Court Decision
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	BAMBANG SEPTIAWAN
Date Deposited:	06 Aug 2026 08:41
Last Modified:	06 Aug 2026 08:41
URI:	http://repository.ubaya.ac.id/id/eprint/51150

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