The Student Legislative Body of the Faculty of Law 51¶¯Âþ (BLM FH UNAIR) held a Legislative School on Saturday (29/10/2022). The theme raised in training was “The Dynamics of the Formation of Legislation.” Vice Dean II of FH UNAIR Dr. M. Syaiful Aris was invited as a resource person to explain how to formulate good legislation.
Aris, as he is familiarly called, emphasized that public participation is the most critical aspect in forming laws and regulations. This opinion is in line with the mandate of the Constitutional Court Decision Number 91/PUU/XVIII/2020, which stipulates the Job Creation Law is conditionally unconstitutional. Aris explained that the Constitutional Court mandated that meaningful public participation was a form of people’s sovereignty.
“In the decision, meaningful participation provides three rights to the community in forming the law. They are the right to be heard, the right to be considered, and the right to be explained. Participation here must be right on target, targeting community groups who will be affected by the regulation, or at parties who focus on the fields that will be regulated in the regulation,” said the expert on constitutional law.
Aris explained that implementing public participation must have advantages and disadvantages. The advantage is that the regulation will have solid public legitimacy if it is passed. In addition, of course, the quality of legislation will be guaranteed, and its existence will almost certainly be in line with the agenda for promoting democracy.
“But of course, the process will take longer, and there is no guarantee of success either. Yet, the participation process certainly costs money,” said the UC Davis alumnus.
Finally, Aris advised the members of BLM FH UNAIR and the audience to be proud of the characteristics of normative law that are strongly felt in FH UNAIR. He said that it was often misunderstood that normative science was positivist, only following the law. This knowledge allows a deeper understanding of legal norms in the articles.
“Therefore, understanding a legal norm is very important and is the main standardization of a jurist. By being proficient in normative science, we can also make regulations that align with the wishes of the public and the essence of the law itself,” he concluded.
The Legislative School also invited the Deputy Chairperson of the East Java Provincial House of Representatives, Sahat Tua Parlindungan Simanjuntak.
