Lex Publica
Vol. 13 No. 1 (2026):

Executive-Dominated Legislation and the Rule of Law in Indonesia’s Presidential System

Isnu Harjo Prayitno (Universitas Pamulang, Tangerang Selatan, Indonesia)
Fikri Jamal (Universitas Pamulang, Tangerang Selatan, Indonesia)
Gautam Kumar Jha (Jawaharlal Nehru University, New Delhi, India)



Article Info

Publish Date
27 Jun 2026

Abstract

The separation of powers in a democratic state governed by the rule of law places the legislature in an important position to ensure accountability and limit executive power. Although the constitutional amendments of 1999-2002 aimed to strengthen the legislative role of the House of Representatives (Dewan Perwakilan Rakyat or DPR), the law-making process in Indonesia still reflects substantial executive influence over the formulation of legal norms. This study aims to analyze the structural causes of this phenomenon and evaluate its implications for the principle of the democratic rule of law. Using normative legal research methods, this study applies statutory, conceptual, and case approaches. It examines the phenomenon through a combined framework that integrates the formal concept of rechtsstaat (the rule of law) with democratic legitimacy through meaningful participation. The study finds that executive dominance is supported by Indonesia’s multiparty presidential system, oversized governing coalitions, and broad delegation of authority. These factors reduce the legislative role to a procedural formality and weaken both the limitation of power and meaningful participation, as confirmed by the Constitutional Court’s decision declaring the Job Creation Law conditionally unconstitutional. This study concludes that restructuring executive-legislative relations within a constitutional framework is essential to prevent formal legality from becoming a tool that undermines democracy.

Copyrights © 2026






Journal Info

Abbrev

lexpublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June ...