scholarly journals Tinjauan Yuridis Partisipasi Masyarakat dalam Proses Pembentukan Undang-Undang

2015 ◽  
pp. 184-203
Author(s):  
Kamarudin

In the post New-Order era, legislative function given to Indonesian House of Representatives seems more obvious after an Act Number 12 of 2011 juncto Act Number 10 of 2004 on Regulations Making has covered that public has the right to participate in law-making processes. Enactive regulations open opportunity for public to participate in a statute-making processes. Nevertheless, the given opportunity of participation is procedurally still limited and not in full and meaningful participation level. Existing public participation only covers consultation, not a real participation. Public should be able to participate in decision-making processes. Meanwhile, public participation level is substantially still depended on Parliament Members’ spirit of publicness to accommodate public aspiration and to put it on as a norm of statute.

PCD Journal ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 1 ◽  
Author(s):  
Cornelis Lay

This article deals with the inclusion of civil society organizations (CSOs) in the decision-making processes in Post-Soeharto era in Indonesia. It argues that reformasi has created and multiplied the democratic space in both the national and local arena. It has not just enlarged the number of CSOs significantly, but also changed the nature of CSOs and has opened the boundary in relations to parliament. This development has confirmed the emerging of the new political space which is more democratic in nature, as witnessed by the present of Gaventa’s political space model - “claimed space” as opposed to undemocratic “closed spaces” or “limited space” during the New Order. This paper identifies the presence of a set spaces which is determining the whole course of decision-making processes. This research found the nature of a space, of being either “claimed”, “invited” or “closed”, is not only determined by who creates the space and able to make use of it within the given boundaries, but also by its relations to other set of spaces, issues in concern, time and infrastructure set up around the spaces.


2020 ◽  
Vol 32 (2) ◽  
pp. 200-226
Author(s):  
Tristan Harley ◽  
Harry Hobbs

Abstract There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at the local, national, and international level. This article considers the emergent drive for refugee participation from the perspective of both law and policy. It examines the evolution of the international legal framework, analysing the extent to which international refugee and human rights law mandate the inclusion of refugees in decisions that affect them. The article also explores the notion of participation in detail, teasing out several key challenges for consideration in the development of inclusive participatory processes. Drawing this material together, it explores two options that could further promote the moral, political, and ultimately legal authority for meaningfully including refugees in the design and implementation of policy. These options are indicators that establish baselines and track refugee participation in decision-making processes, and a new, non-binding United Nations declaration that clearly details the right of refugees to have some authority in decision-making processes that affect them.


Water Policy ◽  
2020 ◽  
Vol 22 (4) ◽  
pp. 622-640
Author(s):  
D. D. Costa e Silva ◽  
H. M. L. Chaves ◽  
W. F. Curi ◽  
J. G. V. Baracuhy ◽  
T. P. S. Cunha

Abstract The current worldwide water resources issue is one of the crucial matters to overcome obstacles to sustainable development. This problem, formerly tackled in a sectored manner, is now pointing towards an analysis directed to treating the watershed as a management unit, with regards to all dimensions of knowledge and, especially, to the public participation in the decision-making processes. As an alternative to measure its performance, it has been sought out to develop indexes aimed to measure its sustainability, but there is still a lack of the use of composed efficient methodologies that also enable public participation in decision-making. This research presents a methodology comprising 15 indexes for the calculation of the Watershed Sustainability Index (WSI), followed by the application of the PROMETHEE multi-criteria analysis method and the COPELAND multi-decision-maker method. The methodology was applied to evaluate the performance of subwatersheds of the Piranhas-Açu watershed, located in the Brazilian northeast semi-arid region. The performance ordering, obtained through the application of the methods, emphasizes that subwatersheds' performances are uneven. It can be noticed that the subwatersheds' performances are still far from ideal in relation to water resources management, even in the ones that displayed satisfactory index levels.


2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.


Author(s):  
Jill Cottrell

Examining the Constitution of Kenya 2010, the chapter picks up its concept of public participation in decision-making and a more active form of democracy than simply voting once in five years. In Kenya, Parliament and other legislatures, as well as executive bodies and the judiciary’s administration regularly invite public input into their decision-making processes. The courts have held some legislation, though not at the national level, invalid for want of adequate participation, while the Supreme Court, rather the chief justice, has set out principles of participation in a major judgment. The chapter traces the rationale and the history of this development, and attempts a preliminary assessment of its impact on Kenyan democracy. Suggestions are also made for making public participation more effective.


Urbanisation ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 77-93
Author(s):  
Aarathi Ganga

This article explores the nature of urban citizenship among fishers in Kerala, one of the state’s most marginalised communities, by analysing their participation in a centrally sponsored slum rehabilitation programme—Rajiv Awas Yojana (RAY)—in Vizhinjam, Thiruvananthapuram. The ‘right to participate’ is considered an integral part of the ‘right to the city’, and the inability of the fishing community to participate in the decision-making processes of urban development programmes that directly affect their lives reveals the exclusionary nature of their citizenship. In a state that is renowned for its achievements in human development and governance, the fishing community continues to be marginalised and lack collective power to influence policies. Participatory meetings in such contexts become tokenistic, and their transformative capacity is undermined. The inefficiency of participatory meetings organised under RAY also stems from the powerlessness of local governments to alter urban programmes designed by national governments.


2002 ◽  
Vol 13 (2) ◽  
pp. 101-113 ◽  
Author(s):  
Tim Baines ◽  
Gwyn Kay

Product‐sourcing practices can impact the competitiveness of an organization's products and services. Many sourcing practices exist and the challenge is to find the right practice, for the right product, at the right time. This paper describes a survey of 3,500 of UK companies, and reports on current and intended manufacturing sourcing practices; the associated decision‐making processes; and, the principal motives behind sourcing decisions. Key findings demonstrate a strong and ambitious trend towards open, integrated relationships between manufacturers and their principal suppliers; sourcing decisions increasingly based on well‐structured analysis of business needs and capabilities; and, the chief motivators being financial and market factors.


2021 ◽  
Author(s):  
Christopher George Torres

This dissertation analyzes three participatory technology assessment (pTA) projects conducted within United States federal agencies between 2014 and 2018. The field of Science and Technology Studies (STS) argues that a lack of public participation in addressing issues of science and technology in society has produced undemocratic processes of decision-making with outcomes insensitive to the daily lives of the public. There has been little work in STS, however, examining what the political pressures and administrative challenges are to improving public participation in U.S. agency decision-making processes. Following a three-essay format, this dissertation aims to fill this gap. Drawing on qualitative interviews with key personnel, and bringing STS, policy studies, and public administration scholarship into conversation, this dissertation argues for the significance of “policy entrepreneurs” who from within U.S. agencies advocate for pTA and navigate the political controls on innovative forms of participation. The first essay explores how the political culture and administrative structures of the American federal bureaucracy shape the bureaucratic contexts of public participation in science and technology decision-making. The second essay is an in-depth case study of the role political controls and policy entrepreneurs played in adopting, designing, and implementing pTA in NASA’s Asteroid Initiative. The third essay is a comparative analysis of how eight political and administrative conditions informed pTA design and implementation for NASA’s Asteroid Initiative, DOE’s consent-based nuclear waste siting program, and NOAA’s Environmental Literacy Program. The results of this dissertation highlight how important the political and administrative contexts of federal government programs are to understanding how pTA is designed and implemented in agency science and technology decision-making processes, and the key role agency policy entrepreneurs play in facilitating pTA through these political and administrative contexts. This research can aid STS scholars and practitioners better anticipate and mitigate the barriers to embedding innovative forms of public participation in U.S. federal government science and technology program design and decision-making processes.


Author(s):  
Mirjam Dibra ◽  
Dea Strica

The public participation (PP) is widely legitimised as a vital prerequisite to achieve sustainable development and as a basic principle of democracy. Under the conditions of the new territorial administrative-territorial division of local government units in the Republic of Albania, the Malesia e Madhe (MM) Municipality is a new one. The purpose of this study was the assessment of attitudes of the local community of areas under the administration of MM Municipality on PP in local planning and decision-making in order to influence future behaviours of the local community to take active part in local decision-making processes. The questionnaire was used as a research instrument for the local community of this Municipality. The research results showed that the local community of this area was generally aware of the need for their involvement in local decision-making, but they considered the municipality as the main responsibility for their involvement in this process. Keywords: Albania, local planning & decision-making, Malesia e Madhe Municipality, public participation.


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