Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)

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Legal Construction of E-Participation and E-Petition Institutions to Guarantee Public Participation in Pandemic Times

Authors
Zulkarnain Ridlwan1, *, Marcellino H. Nugroho1, Yusdiyanto Yusdiyanto1, Muhtadi Muhtadi1
1Constitutional Law Department, Lampung University, Lampung, Indonesia
*Corresponding author. Email: zulkarnain.ridlwan@fh.unila.ac.id
Corresponding Author
Zulkarnain Ridlwan
Available Online 2 May 2023.
DOI
10.2991/978-2-38476-046-6_59How to use a DOI?
Keywords
e-participation; e-petition; legal construction; pandemic
Abstract

Ineffective forms of public participation occurred in Indonesia during Covid-19 pandemic. A condition triggered by the unavailability of an indirect (online) public engagement mechanism, when direct involvement (hearing meetings, public consultations, demonstrations) is limited by pandemic. This study aims to describe the existing conditions of public participation regulations in Indonesia and the possibility of new legal constructions in the form of e-participation and e-petition. Based on the statutory approach, comparative approach, and conceptual approach, this study finds that public participation is guaranteed in Indonesia, as arranged in the 1945 Constitution and Laws. The development of online public participation (e-participation and e-petition) should be open in the context of guaranteeing citizen’s rights, as Covid-19 pandemic limits the space for citizens to be involved in government. As enforced in Russia, South Korea, and UK, the availability of E-Participation through E-Petition, provides space for citizens to participate in government despite the Covid-19 pandemic. Hence, the legal construction for the institutionalization of E-Participation and E-Petition which aims to ensure public participation is appropriate to be drawn up in laws and regulations in Indonesia. However, it is important to anticipate various laxity that are prone to emerge from its implementation.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
2 May 2023
ISBN
978-2-38476-046-6
ISSN
2352-5398
DOI
10.2991/978-2-38476-046-6_59How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Zulkarnain Ridlwan
AU  - Marcellino H. Nugroho
AU  - Yusdiyanto Yusdiyanto
AU  - Muhtadi Muhtadi
PY  - 2023
DA  - 2023/05/02
TI  - Legal Construction of E-Participation and E-Petition Institutions to Guarantee Public Participation in Pandemic Times
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 599
EP  - 610
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_59
DO  - 10.2991/978-2-38476-046-6_59
ID  - Ridlwan2023
ER  -