Implementasi Prinsip Ius Constituendum dalam Pembentukan Kebijakan Publik di Indonesia

The concept of *ius constituendum*, or the law as it ought to be, plays a crucial role in shaping effective and just public policy. This principle emphasizes the ideal legal framework that should guide societal development, aiming to address existing shortcomings and promote a more equitable and prosperous future. In the context of Indonesia, the implementation of *ius constituendum* in public policy formation presents both opportunities and challenges. This article delves into the intricacies of this principle, exploring its application in the Indonesian context and analyzing its potential impact on the nation's progress.

The Essence of *Ius Constituendum*

*Ius constituendum* represents a forward-looking approach to lawmaking, focusing on the desired legal landscape rather than merely reflecting the current state of affairs. It involves a critical examination of existing laws and regulations, identifying areas where they fall short of achieving societal goals and proposing amendments or entirely new legal frameworks to address these shortcomings. This principle is particularly relevant in rapidly evolving societies like Indonesia, where social, economic, and technological changes necessitate constant adaptation of legal structures to ensure they remain relevant and effective.

*Ius Constituendum* in Indonesian Public Policy

The Indonesian legal system, rooted in a blend of civil law and customary law, provides a framework for implementing *ius constituendum*. The Constitution of Indonesia, with its emphasis on social justice, human rights, and economic development, serves as a guiding document for enacting laws that align with the principles of *ius constituendum*. The legislative process, involving the House of Representatives and the President, offers opportunities for incorporating *ius constituendum* principles into policy decisions.

Challenges and Opportunities

While the Indonesian legal system provides a foundation for implementing *ius constituendum*, several challenges hinder its effective application. These include:

* Limited Public Participation: The process of public policy formation often lacks meaningful participation from citizens, hindering the incorporation of diverse perspectives and needs into legal frameworks.

* Bureaucratic Obstacles: Complex bureaucratic procedures and a lack of transparency can slow down the process of enacting new laws or amending existing ones, hindering the timely implementation of *ius constituendum* principles.

* Lack of Legal Expertise: A shortage of legal professionals with expertise in *ius constituendum* principles can limit the effectiveness of policy formulation and implementation.

Despite these challenges, Indonesia has witnessed notable instances of *ius constituendum* implementation in public policy. The enactment of laws promoting environmental protection, social welfare, and economic empowerment reflects a commitment to creating a legal framework that addresses societal needs and promotes sustainable development.

Conclusion

The implementation of *ius constituendum* in public policy formation is crucial for Indonesia's progress. By embracing this principle, the nation can strive to create a legal landscape that fosters social justice, economic prosperity, and environmental sustainability. Addressing the challenges of limited public participation, bureaucratic obstacles, and a lack of legal expertise is essential for maximizing the potential of *ius constituendum* in shaping a more equitable and prosperous future for Indonesia.