Jurnal Kajian Hukum dan Sosial
Vol 23 No 2 (2026)

Lame-Duck Legislation in Indonesia: Constitutional Legitimacy and Islamic Principles of Legislative Restraint

David Aprizon Putra (Faculty of Sharia and Islamic Economics IAIN Curup)
Iskandar Iskandar (Faculty of Law, Universitas Bengkulu)
Sulistriani Sulistriani (Faculty of Sharia and Islamic Economics IAIN Curup)
J.T Pareke (Faculty of Law, Universitas Muhammadiyah Bengkulu)
Beny Saputra (Department of Legal Studies, Central European University, Vienna)



Article Info

Publish Date
01 Aug 2026

Abstract

This article analyzes the compatibility of legislative practices during the lame-duck session with legal policy and siyāsa dustūriyya by examining Law No. 3 of 2024, the Second Amendment to Law No. 6 of 2014 concerning Villages. This study is a normative legal research employing a statutory, conceptual, and comparative approach. Legal materials were analyzed through legal interpretation and prescriptive analysis to assess constitutional legitimacy and the principles of Islamic constitutional law governing the exercise of legislative authority during a political transition. The results of the study indicate that although the House of Representatives retains the constitutional authority to enact laws until the end of its term, the enactment of strategic laws following the emergence of a new electoral mandate has undermined democratic legitimacy. From the perspective of constitutional politics, this practice is not entirely consistent with the principles of maṣlaḥah, al-'adl, amānah, and shūrā. Therefore, Indonesia’s legal policy needs to limit the DPR’s legislative authority during a lame-duck session about strategic laws, while still allowing for the enactment of laws that are urgent, administrative, or intended to prevent a legal vacuum. This finding contributes to the development of the concept of transitional legislative restrictions within Indonesia’s constitutional system.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...