The Tension Between the Rule of Law and Political Interests in Indonesia: A Legal and Governance Perspective

Abstract

This article critically examines the persistent tension between the principles of the rule of law and political interests in Indonesia’s system of democratic governance. Although Indonesia constitutionally affirms itself as a state based on law, as enshrined in Article 1(3) of the 1945 Constitution, the practical operation of legal institutions reveals a pattern of sustained political intervention. Such intervention has significantly weakened legal certainty, undermined institutional independence, and eroded public trust in the legal system. Employing a normative-doctrinal legal approach combined with contextual political analysis, this study argues that law in Indonesia is frequently instrumentalized by political elites. Rather than functioning as a neutral framework to restrain power and uphold justice, legal mechanisms are often deployed to legitimize and consolidate political authority.
The analysis focuses on three interrelated domains. First, it explores political influence in the legislative process, demonstrating how formally valid legal procedures may produce substantively regressive outcomes, particularly when public participation and accountability are marginalized. Second, it examines the politicization of the judiciary, especially through appointment mechanisms and decision-making processes that compromise judicial independence and constitutional oversight. Third, it analyzes the selective and politically biased enforcement of law, highlighting how executive influence and weak accountability structures distort the principle of equality before the law.
To contextualize Indonesia’s experience, the article draws comparative insights from other transitional and backsliding democracies, including South Korea, Taiwan, Hungary, and Poland. These cases illustrate how institutional design, political commitment, and civil society engagement shape the resilience or fragility of the rule of law. The findings suggest that Indonesia’s rule of law challenges are structural rather than incidental, reflecting deeper governance deficits. Consequently, strengthening the rule of law in Indonesia requires comprehensive institutional reform, the depoliticization of legal institutions, and the reinforcement of democratic accountability to ensure the substantive realization of constitutional legality.