PELEMBAGAAN PRINSIP DASAR DEMOKRASI DALAM LEGISLASI PERATURAN DAERAH DI JAWA TIMUR
Abstract: This research aims
at disclosing empirically legislation practices of regional regulations (Perda)
which are analyzed based on the basic principles of democracy. The problems in
this research are formulated as follows: (1) Why does the legislation of
Regional Regulations in East Java tend to be conducted in elitist way? (2) What
factors do obstruct the institutionalization of the basic principles of
democracy in the legislation of Regional Regulations in East Java? And, (3) How
is the future conceptualization of legislation of Regional Regulations in
democracy perspective? To answer the questions, this research uses socio-legal
research approach. The result of the research shows that: first, (a) there is a
reluctance of the regional elites to disseminate and give room to the community
to continually participate in the legislation of Regional Regulations, (b) the
process is time-consuming and circuitous, (c) the discussion in Raperda
(Regional Regulations meeting) is not focused, (d) lack of budget for the
legislation of Regional Regulations activities, (e) not all people understand
the matters regulated in Raperda, and (f) regional elites consider that Raperda
has already been discussed thoroughly between DPRD (Regional House of
Representative) and Regional Government. Second, there are 5 (five) factors
that impede the institutionalization of basic principles of democracy in the
research area, namely: (a) legal substantial factor,(b) legal structural
factor, (c) legal cultural factor, (d) time factor, and (e) budget factor.
Third, elite expectation must meet and be harmonious with public expectation.
Penulis: Anis Ibrahim
Kode Jurnal: jphukumdd120365
