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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 2 (2026)
Legal politics of legislative formation in Indonesia: An analysis of the gap between norms and implementation in the perspective of the state of law
Authors
Andhika Nugraha Bhakti Agung S H, Dr. Bambang Slamet Riyadi, Dr. Riza Zulfikar
Abstract
This study examines the legal politics of legislation formation in Indonesia, focusing on the analysis of the gap between norms and their implementation within the framework of the rule of law. Employing a normative juridical research method through statutory, conceptual, and case approaches, this study analyzes Law Number 12 of 2011 as amended by Law Number 13 of 2022, along with relevant Constitutional Court decisions as primary objects of inquiry. The findings reveal that although Indonesia's normative framework for legislation formation is relatively comprehensive, national legislative practice remains characterized by significant structural gaps, including political interest dominance, regulatory overlap, weak normative harmonization, and insufficient meaningful public participation. These gaps have demonstrably produced legislation with both formal and substantive defects. An ideal reconstruction of legislative legal politics requires a paradigm shift toward responsive law, strengthened institutional capacity of lawmakers, and the systematic institutionalization of regulatory impact evaluation, in order to realize a legislative system genuinely grounded in the principles of a democratic and just rule of law.
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Pages:216-220
How to cite this article:
Andhika Nugraha Bhakti Agung S H, Dr. Bambang Slamet Riyadi, Dr. Riza Zulfikar "Legal politics of legislative formation in Indonesia: An analysis of the gap between norms and implementation in the perspective of the state of law". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 216-220
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