Constitutional Preview in Lawmaking Based on the Principle of Social Justice: Utopia or a Normative Necessity?

Sheila Kusuma Wardani Amnesti (Faculty of Sharia, Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia)
Tunggul Anshari Setia Negara (Faculty of Law, Universitas Brawijaya, Indonesia)

Indonesia Law Reform Journal (ILREJ)
Vol. 6 No. 1 (2026): March 2026

The increasing number of judicial review petitions submitted to the Constitutional Court indicates recurring constitutional disputes arising from enacted legislation, reflecting structural weaknesses in Indonesia’s lawmaking process. These weaknesses include inadequate constitutional scrutiny during legislative drafting, inconsistencies between statutory provisions and constitutional principles, and insufficient incorporation of social justice values in legislative products. The Fifth Principle of Pancasila affirms that social justice for all Indonesians must serve as a fundamental orientation of public policy, including the legislative process. However, ex post constitutional control through judicial review remains corrective and reactive, addressing constitutional deficiencies only after laws have been enacted and have generated legal uncertainty or adverse social consequences. This article examines the urgency of implementing constitutional preview as an ex ante constitutional oversight mechanism that enables the harmonisation of Pancasila values and the norms of the 1945 Constitution of the Republic of Indonesia during the legislative drafting stage. This study employs a normative legal research method using statutory and comparative approaches, supported by Theory of Development Law, which conceptualises law as an instrument of social reform and development. The findings demonstrate that constitutional previewpotentially produces legislation that is more constitutionally compliant, socially responsive, and aligned with the principle of social justice, as constitutional concerns can be identified and addressed prior to enactment. In addition to reducing the frequency of constitutional disputes that lead to judicial review petitions before the Constitutional Court, constitutional preview can strengthen democratic legitimacy, normative effectiveness, and public trust in legislative outcomes. Therefore, constitutional preview constitutes an urgent mechanism for improving Indonesia’s legislative system and advancing socially just law grounded in the nation’s constitutional values.