Public Participation as a Determinant of Democratic Legitimacy and the Quality of Legislation in the Formation of Laws and Regulations

Abstract

Public participation is a fundamental element in the formation of legislation as a manifestation of popular sovereignty in a democratic state governed by the rule of law. Although normatively guaranteed in the constitution and legislation, its implementation still tends to be formalistic, thus not optimally improving democratic legitimacy and the quality of national legislation. The urgency of this research lies in the effort to emphasize the role of public participation as a determinant of legislative quality in the formation of legislation and formulate an effective model of public participation in the legislative process. The novelty of this research lies in the construction of a public participation model based on the legislative cycle that integrates a deliberative approach, information transparency, inclusiveness, and feedback mechanisms as a systemic whole in the formation of legislation. This research uses a normative legal research method by applying a legislative approach, a conceptual approach, and a case approach. The results show that public participation plays a major role in determining democratic legitimacy and the quality of national legislation in the formation of legislation. Meaningful public participation strengthens democratic legitimacy, improves the quality of normative substance, prevents regulatory disharmony, and strengthens the effectiveness of legal implementation. Effective public participation models for the formation of legislation include the legislative cycle-based participation model, the deliberative-institutional participation model, the information transparency-based participation model, the digital participation model, and the feedback-based participation model. All of these models must be based on the principles of inclusivity, transparency, accountability, and sustainability, and supported by strengthening institutional capacity and increasing public legal literacy.