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 One of the most important inheritances of Reformation is the expectation of establishing democratic, aspirative, and transparent law system. As a result, Indonesia is called as a Nation that is included in Democratic Political System. Dynamically, the political system in Indonesia is developing significantly. By implementing concept of democracy, society can directly involve in politics. However, sometimes we forget to realize the substance of democracy itself. Therefore, in the fact, both society and legislator sometimes ignore the law norms. Consequently, democracy has not yet come to the substantial Democracy, but it is still on the procedural democracy.
This statement was revealed by UII Vice Rector I NandangSutrisno, SH., M.Hum., Ph.D, while delivering his opening speech on National Seminar. This seminar was held by Constitutional Law Study Center, Faculty of Law UII (PSHK-FH UII), on Saturday (4/2), at Saphier Hotel, Jl. Laksda AdiSucipto, Yogyakarta. NandangSutrisno, SH., M.Hum., Ph.D. mentioned that one of the sides of Reformation that is needed to be highlighted was Regional Legislation process, considering that until now there are so many local regulations that contradict with the other regulation, such as constitution. “There are approximately 351 local regulations that are felt as problematic and contradicted with public interests. This case becomes a fact that democratic legislation process has not yet been applied perfectly”. He added, one of the causes of the legislations problems is the lack of participants in establishing legislation. So far, it only accommodates certain groups and neglects the silent majority. The seminar that took a theme: Building Local legislation Based on Participation and Transparency. “Membangun Legislasi Daerah Berbasis Partisipasi Dan Transparansi” was conducted by PSHK FH UII in collaboration with Indonesian Hans Seidel Foundation headed in Jakarta. The seminar also presented Chairman of Indonesian Constitutional Court who is also requested as a keynote speech. In his presentation, Prof. Mahfud MD stated that substantively, the problems occurred in legislation product which later on is canceled by Constitutional Court can be possibly happened because of political games and the lack of knowledge of the lawmakers during lawmaking process. At least, it was noted by the numbers of bills challenged at Constitutional Court through judicial review. There are three causes of judicial review in Constitutional court. Firstly, Regulations are made for exchanging interests. That is for supporting interests from one group to another. The second point is that lawmakers inexperience and the lack of understanding of the lawmakers concerning knowledge of the legislation. Therefore, the regulations are done imperfectly. The next point is that “selling” articles of certain bill to stakeholders. Because of these three aspects, legislation products in the form of regulations have to be canceled.” Said Prof Mahfud. To make a good legislation product, he advised to apply the theories from Robert Seidmann and Ann Seidmann that is called as ROCCIPI. Before making a new rule, the legislator should notice the other rules to know whether the rule has been accommodated by the other rules or not. Thus, it can minimalize the duplication of rule. This theory consists of opportunity (the chance to implement Regulations in society), communication, capacity, and interest. “Political game has to be considered. Procedure and ideology, in the context of ideology will not undermine the regulations, but it will make the problems still continue for a long time, thus it needs to be noted. In the context of establishing local regulation, the theories are relevant as well to be applied.” Prof. Mahfud added. The seminar presented speaker from academician and practitioners. They were, Dr. Ni’matul Huda, SH., M.Hum, (Director of Research and Development PSHK FH UII), Dr. Saifudin, SH., M.Hum, (Faculty of Law Lecturer), Yulianto, SE., MM (Mayor of Salatiga), and YoekeIndra L, SE (Chairman of DPRD of DIY province).
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