Journal of Multidisciplinary Law Studies
Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies

The Pancasila Rule of Law and Democratic Backsliding in Indonesia A Critical Legal Perspective

I Gede Sujana (Universitas Dwijendra, Indonesia)
I Gusti Ngurah Santika (Universitas Dwijendra, Indonesia)
I Jero Gede Adi Pratama (Universitas Dwijendra, Indonesia)
Sindi Glaudia Ntarung (Universitas Dwijendra, Indonesia)
I Nyoman Silpa Mahadana (Universitas Dwijendra, Indonesia)
Ni Ketut Nike Lusiana (Universitas Dwijendra, Indonesia)



Article Info

Publish Date
10 Jul 2026

Abstract

This article examines the Pancasila-based rule of law in Indonesia within the context of democratic backsliding using a Critical Legal Studies (CLS) approach. Normatively, Pancasila offers a synthesis of legality, morality, social justice, and religious values. This study addresses the growing tension between the normative ideals of the Pancasila-based rule of law and contemporary patterns of democratic backsliding in Indonesia, particularly regarding judicial independence, executive dominance, and restrictions on civil liberties. The weakening of judicial independence, the expansion of executive power, and the restriction of civil liberties indicate patterns of democratic erosion. Furthermore, the interpretive flexibility of Pancasila enables its instrumentalization by political elites to legitimize policies that deviate from democratic principles. This study employs a qualitative normative-empirical approach using Critical Legal Studies (CLS), constitutional analysis, and critical interpretation of legal and political discourse related to democratic regression in Indonesia. The findings indicate that democratic backsliding in Indonesia is reinforced by the political instrumentalization of Pancasila, enabling legal justification for executive power expansion and restrictions on democratic freedoms despite constitutional commitments to justice and the rule of law. Therefore, a critical reconstruction is necessary to strengthen legal integrity and democratic governance.

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Journal Info

Abbrev

jomlas

Publisher

Subject

Description

Journal of Multidiscipline Law Studies (JOMLAS) is dedicated to advancing and disseminating high-quality multidisciplinary legal scholarship. The journal serves as an international forum for academics, researchers, legal practitioners, and policymakers to publish scholarly works and exchange ...