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Law making process amid pandemic lacks public participation: Expert

Tempo - November 23, 2021

Antara, Jakarta – Constitutional law professor from the Padjadjaran University, Susi Harijanti, on Monday argues Indonesia's law making process during the Covid-19 pandemic lacks public participation which she attributes to the weak legislation role from the House of Representative (DPR) and setbacks democracy.

"What I see is that the formation of the law amidst the pandemic has little public participation and tends to substantiate the initiatives of the executive," said Harijanti on Monday, November 22, in a webinar discussing democracy during the pandemic, Antaranews reported.

She says during the Covid-19 pandemic, executive institutions in Indonesia played a more dominant role. This dominant role can be seen from the use of Article 22 of the 1945 Constitution which is more than Article 12 of the 1945 Constitution.

Article 22 (1) and (2) of the 1945 constitution states that the President has the right to issue a government regulation in lieu of law and that it must obtain agreements from members of the House. Article 22 (3) of the 1945 constitution states if the government does not obtain approval, the government must revoke that regulation.

She also highlighted the less-than-significant role of the Regional Representative Council (DPD) and believes the Council's function was not seen amidst the pandemic. Harijanti believes the pandemic still poses challenges for democracy and how state institutions function.

Source: https://en.tempo.co/read/1531558/law-making-process-amid-pandemic-lacks-public-participation-exper