Community Participation in Regional Regulation Number 8 of 2009 concerning Non-Smoking and Non-Smoking Areas in the Padang Panjang City

Abstract

Community participation is one important element that must be considered in the formation of regional regulations, community participation in the formation of legislation takes the basis of the 1945 Constitution and is further regulated by Law Number 12 of 2011 concerning Formation of Legislation as Law No. 15 of 2019, Regional Regulation No. 8 of 2009 concerning Non-Smoke Areas and Cigarette Friends in the Padang Panjang Cityis a regulation that regulates the general problem of smoking, this raises logical consequences for the community, raising questions about the role and participation of the community in the formation of these regional regulations. The author uses normative legal research sourced from secondary data, which includes primary, secondary, and tertiary legal materials. From the results of the study by the author, it was found that community participation in the formation of Regional Regulation No. 8 of 2009 concerning Areas without Smoke and Cigarette Areas in the Padang Panjang Citywas indeed directly involved, however, real community involvement was limited to the formation of designs, indeed in community discussions participated but was limited to attending and fulfilling the invitation of the Padang Panjang City Regional Representative Council. Community participation in the formation of regional regulations is a tangible form of the principle of regional autonomy. Formation of laws and regulations without community participation can result in procedural defects, therefore legislation made without community participation can be used as a reason for judicial review or testing to the Constitutional Court or the Supreme Court as an institution of judicial power. guaranteed in the 1945 Constitution.