Journal of Legal and Cultural Analytics (JLCA)
Vol. 4 No. 4 (2025): November 2025

Analysis of Substantial, Procedural, and Technical Aspects in the Drafting of Legislation in Indonesia

Maisondra, Maisondra (Unknown)
Sulaiman, Abdullah (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

The post-reform Indonesian legal system is characterized by hyper-regulation and disharmony in legislation. This study aims to analyze systemic weaknesses in the legislative drafting process that contribute to legal uncertainty and ineffectiveness. Weaknesses are identified in three main aspects: Substantive Aspects (harmonization), Procedural Aspects (participation and planning), and Technical Aspects (quality of Legal Drafting). The study results indicate that the dominance of sectoral approaches, minimal inter-institutional coordination, and the low quality of human resources for drafting are the main factors behind this acute legislative flaw. These weaknesses have serious impacts on legal certainty, the effectiveness of public policy, and the investment climate. This article examines the root causes of substantive, procedural, and technical problems in the drafting of legislation in Indonesia, referring to Law No. 12 of 2011 (and its amendments) concerning the Formation of Legislation.

Copyrights © 2025






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...