Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No S1 (2026): Special Issue

The Dangers of Hegemonic Coalition: Analyzing Legislative Capture and Judicial Independence in Emerging Democracies

Riaji Kurniadin (Faculty of Law, University of Dr. Soetomo)
Faizah Al Habsyi (Faculty of Law, University of Dr. Soetomo)
Yovan Iristian (Faculty of Law, University of Dr. Soetomo)



Article Info

Publish Date
18 Feb 2026

Abstract

This study examines how hegemonic coalitions drive democratic backsliding in emerging democracies by capturing legislative assemblies and subverting judicial independence. Modern autocratic consolidation increasingly eschews overt military coups in favor of legal, institutional mechanisms executed through broad elite alliances. Utilizing a comparative constitutional and legal-institutional analytical framework, this paper investigates the mechanisms through which oversized ruling coalitions co-opt legislative assemblies and neutralize judicial oversight. The findings reveal that hegemonic coalitions execute legislative capture through party cartelization, selective patronage, procedural manipulation, and the suppression of deliberative lawmaking. Concurrently, judicial independence is eroded through autocratic legalism, abusive constitutional borrowing, court-packing, and executive control over prosecutorial and appointment mechanisms. This dual-capture strategy establishes an institutional framework where democratic facades are preserved while horizontal checks and balances are structurally dismantled. To counter these systemic threats, democratic systems must fortify substantive constitutional guarantees, enforce strict judicial recusal and ethics standards, and cultivate civil society counter-narratives to protect constitutional integrity.

Copyrights © 2026






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...