Agency Journal of Management and Business
Vol. 6 No. 2 (2026): July 2026

Legal Politics in Indonesia: Ensuring Legal Certainty and Substantive Justice within a Democratic Rule of Law

Ahmad Fadli (Postgraduate Program, Master of Law, Tomakaka University)
Muhammad Qasim Hamzah (Postgraduate Program, Master of Law, Tomakaka University)
Priyanto (Postgraduate Program, Master of Law, Tomakaka University)
Fajar Abadi Jaya Tadjuddin S (Postgraduate Program, Master of Law, Tomakaka University)



Article Info

Publish Date
30 Jul 2026

Abstract

Legal politics constitutes a fundamental policy framework that determines the direction of lawmaking, implementation, and enforcement within a democratic rule of law. In Indonesia, achieving a balance between legal certainty and substantive justice remains a persistent challenge due to overlapping regulations, inconsistent law enforcement, and the influence of political interests on legislative processes. This study aims to analyze the role of legal politics in ensuring legal certainty and substantive justice while identifying the principal obstacles affecting its implementation in Indonesia. A normative legal research approach was employed using qualitative analysis of constitutional provisions, statutory regulations, legal doctrines, and relevant scholarly literature. The analysis demonstrates that legal politics serves as the primary instrument for aligning legislation with constitutional values embodied in Pancasila and the 1945 Constitution. Effective legal politics contributes to legal certainty by promoting coherent, transparent, and consistent legislation, while simultaneously supporting substantive justice through the protection of human rights, equal access to justice, and non-discriminatory law enforcement. Nevertheless, the findings reveal that regulatory disharmony, political intervention, institutional inconsistency, and limited public participation continue to undermine the realization of these objectives. The study concludes that strengthening legislative planning, enhancing regulatory harmonization, safeguarding judicial independence, improving law enforcement integrity, and expanding meaningful public participation are essential to developing a legal system that combines predictability with fairness. Such reforms are necessary to reinforce democratic governance, uphold the rule of law, and ensure that legal development in Indonesia remains responsive to constitutional principles and the evolving needs of society.

Copyrights © 2026






Journal Info

Abbrev

manajemen

Publisher

Subject

Economics, Econometrics & Finance

Description

Agency Journal of Management and Business has e-ISSN 3025-0242 published by Pustaka Digital Indonesia, this journal publishes research articles in the field of Economics. This journal publishes research studies using various qualitative and/or quantitative methods and approaches in the field of ...