Partisipasi Masyarakat dalam Kebijakan Lintas Batas Negara

Perspektif Hukum Tata Negara dan Maṣlaḥah di Kawasan Perbatasan Sambas

Abstract

This study is motivated by the complexity of the Temajuk–Telok Melano border area, which involves not only national sovereignty and security interests but also the socio-economic needs of communities that maintain geographical, social, and economic relations with the Malaysian border region. This study aims to analyze the socio-economic conditions and community needs, the role of deliberation in formulating cross-border policies, and such policies from the perspectives of constitutional law and maṣlaḥah. This research employs a qualitative approach through field research and a case study conducted in the border area of Temajuk, Paloh District, Sambas Regency. Data were collected through interviews, observation, and documentation. The findings indicate that the need to strengthen cross-border access is closely related to community trade activities, mobility, and social relations. Deliberation provides a space for articulating community needs and aspirations in the policy process, although the authority to determine cross-border policies remains vested in state institutions. From a constitutional law perspective, community participation through deliberation can enhance policy responsiveness without diminishing the state's authority to safeguard sovereignty, security, and public order. From the perspective of maṣlaḥah, strengthening cross-border access and governance constitutes al-maṣlaḥah al-hajiyyah, as it facilitates and reduces difficulties in community socio-economic activities. Cross-border policy should be directed toward participatory, proportional, secure, and maṣlaḥah-oriented access governance while maintaining state interests and authority.