Diponegoro Law Review
Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)

FAST TRACK LEGISLATION WITHOUT A LEGAL TRACK: A COMPARATIVE CRITIQUE OF ACCELERATED LAW-MAKING IN INDONESIA AND OTHER JURISDICTIONS

Kaharuddin, Kaharuddin (Unknown)
Moechthar, Oemar (Unknown)
Sekarmadji, Agus (Unknown)
Karunia, Dinar (Unknown)
Kristianti, Dwi Rahayu (Unknown)
Widianti, Ekawestri Prajwalita (Unknown)
Katherina, Ave Maria Frisa (Unknown)
Hidayat, Yogi (Unknown)



Article Info

Publish Date
31 Oct 2025

Abstract

This study critically examines the trend of "fast-track legislation" in Indonesia, particularly focusing on the Omnibus Law on Job Creation, the IKN Law, and the 2024 Constitutional Court Law. While fast-track legislation is often used as a tool for crisis management, Indonesia’s approach raises significant concerns due to its lack of a formal procedural framework. Unlike mature democracies such as the United Kingdom, the United States, and New Zealand, which have regulated systems for expedited law-making, Indonesia’s fast-track process is largely unregulated and accelerates policy changes without proper public scrutiny. The study uncovers a troubling pattern where speed becomes a substitute for thorough deliberation, leading to a democratic deficit and allowing executive power to bypass essential checks and balances. By comparing Indonesia’s practices with those of established democracies, the research highlights that fast-track mechanisms can be effective when guided by clear legal standards, judicial review, and transparency. However, Indonesia’s current system risks undermining democratic accountability, as urgency is often used as a tool to avoid public participation and scrutiny. The article concludes by calling for the urgent codification of a transparent, participatory framework for expedited legislation within Indonesia’s existing legal structures. This framework should define criteria for urgency, ensure procedural safeguards, and prioritize public involvement, ultimately ensuring that the pursuit of speed does not come at the cost of democratic integrity.

Copyrights © 2025






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...