Public Participation Considerations in Constitutional Case: A Prospect for Deliberative lawmaking?

The Indonesian Constitutional Court has declared a law unconstitutional on formal-procedural grounds for the first time. The Court ruled that the Omnibus Law on Job Creation violated the lawmaking procedure under the 1945 Constitution. This article concerns one particular procedural question considered by the Court: the degree of public participation in lawmaking. The Court held that the making of the law failed to guarantee meaningful participation as it provides limited space for public consultation. In the current state of Indonesia’s democratic decline, the Court decision is critical to safeguard democracy, particularly against the undemocratic legislative process. This article argues that the decision offers a prospect for deliberative lawmaking in at least two ways. First, by setting a judicial precedent to consider the quality of public participation in lawmaking. A second, by pushing the legislative body to reform the ways they conduct a public consultation.