URGENSI PEMBERLAKUAN SUNSET CLAUSE SEBAGAI PENINGKATAN PARTISIPASI DAN PENGAWASAN MASYARAKAT

Abstract

This research focuses on two issues, particularly on how the sunset clause is explored further in fixing the legislation making process and to encourage evaluation as well as people participation. Sunset clause known in this article as a clause that sets a time limit of a legislation before it ceases to exist. The research method in this article is a juridical normative method, in which primary legal materials and secondary legal materials are collected to analyze with statute approach, case approach and conceptual approach. The result of this article has found that the current procedures of legislation making are lacking in providing a thorough review and monitoring
process and also lack of government obligations towards the right of the people to provide input on the proposed legislation. Despite the implications that create another issue in the legislation process, the sunset clause is still needed in order to raise the public participation and monitor the process of ongoing legislations that currently apply in Indonesia. In doing so, changes in the technical procedure shall be made by revising Law Number 12 of 2011 regarding Formation of Laws and Regulations. Other findings in this research have shown that sunset clauses in best cases have involved evaluation through a public hearing mechanism before the law expires and inventory of laws and regulations to address increased workload in the legislative.