Rule of law and legal pluralism in Indonesia: Constitutional transformation, regulatory governance, and rights protection in a decentralized state

Maya Shaffina Putri ()
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Maya Shaffina Putri: Faculty of Law, Universitas Lampung

Indonesian Journal of Law, Governance, and Regulation, 2026, vol. 1, issue 1, 1-12

Abstract: Indonesia’s legal system is often described through apparently contradictory images: a civil-law jurisdiction that relies heavily on statutes, a constitutional democracy with an assertive Constitutional Court, a decentralized state with thousands of local regulations, and a plural society in which adat, Islamic norms, administrative practice, and national legislation operate simultaneously. This paper examines Indonesian law as a site of constitutional transformation, regulatory governance, and rights contestation after Reformasi. Using a qualitative doctrinal and socio-legal literature review, it synthesizes peer-reviewed research and key legal materials on constitutional review, decentralization, anti-corruption, legal pluralism, the Job Creation regime, the 2023 Criminal Code, and digital defamation law. The central argument is that Indonesia’s rule-of-law challenge is not primarily the absence of law, but the interaction of institutional fragmentation, uneven legal reasoning, politicized rulemaking, and unresolved tensions between legal pluralism and constitutional rights. The paper finds that Indonesia has built important legal institutions since 1998, particularly constitutional review and specialized courts, but these institutions operate within a regulatory environment marked by overlapping jurisdictions, weak harmonization, and contested public participation. Legal reform should therefore shift from episodic statutory change to a systemic agenda: integrated judicial review of subordinate regulations, rights-sensitive recognition of living law and adat, more transparent judicial reasoning, strengthened anti-corruption safeguards, participatory regulatory impact assessment, and narrow interpretation of speech and morality offenses. These reforms would improve legal certainty for citizens and businesses while preserving Indonesia’s plural constitutional identity.

Keywords: rule of law; legal pluralism; constitutional review; decentralization; regulatory governance; criminal law (search for similar items in EconPapers)
Date: 2026
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DOI: 10.55942/ijlgr.v1i1.1885

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