Asas Keterbukaan dalam Pelaksanaan Fungsi Legislasi Dewan Perwakilan Rakyat (Perspektif Islam dan Hukum Positif di Indonesia)

Abstract

Laws have binding power and coercion after being passed in the legislative process. Therefore, the legislative process is bound by several principles, one of which is the principle of openness. Openness is the principle of governance that is based on participation. This article aims to explain the principle of openness in the implementation of the legislative function of the House of Representatives (DPR) in terms of Islamic Law and Positive Law in Indonesia. The type of method used in writing this article is normative juridical using a qualitative approach based on the statute approach and the conceptual approach. Sources of data are used in the form of secondary data which includes primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, this article uses a qualitative descriptive data analysis technique. The results of the study indicate that the principle of openness in the implementation of the legislative function of the DPR was formed to accommodate public participation so that the legislative product does not harm the community. In Islam, several arguments can be used as a normative basis for comparing shura and the principle of openness in the implementation of the legislative functions of the DPR. The principle of openness has the same meaning as Shura in the legislative process, namely public involvement. Shura in Islamic teachings provides a moral foundation when the DPR carries out its legislative function in a democratic system.