MEMBANGUN DEMOKRASI MELALUI HUKUM DAN PERAN KRITIS PARTISIPASI PUBLIK DI INDONESIA DAN VIETNAM

Abstract

Participatory lawmaking is a crucial element in realizing democracy and good governance. This paper aims to analyze the perspective of public participation in the legislative process in Indonesia and Vietnam. The research method employed is normative with a comparative approach, examining literature and regulations related to public participation in lawmaking in both countries. The findings demonstrate that Indonesia already has a legal framework governing public participation in the legislative process, such as Law No. 12 of 2011, which has been amended by Law No. 15 of 2019. However, its implementation still faces challenges, such as participation that tends to be formalistic. On the other hand, Vietnam, with its one-party system, has also sought to improve openness and public participation through the Law on Promulgation of Legal Documents 2015, although its practice remains limited. This paper emphasizes the importance of enhancing substantive and meaningful public involvement in lawmaking through strengthening the legal framework, transparency, access to information, and the capacity of both the public and the government in a participatory legislative process.