Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation

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Martitah Martitah, Arif Hidayat, Rahayu Fery Anitasari, Malik Akbar Mulki Rahman, Triska Rahmatul Aini

2023 Journal of Indonesian Legal Studies Vol. 8 Issue 2 Article Cited by 20 Quartile

Abstract

The Constitutional Court’s decision (Number 91/PUU-XVIII/2020) on the Formal Examination of Law Number 11 of 2020, addressing Job Creation and the subsequent enactment of Law Number 13 of 2022, has catalyzed a profound transformation in Indonesia’s legal system. This legal evolution, explored in the context of the Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation, delves into the political dynamics of legislation leading to numerous Constitutional Court litigations. The quality of law formation is scrutinized in light of the principles of good legislation, emphasizing transparency, participation, effectiveness, and efficiency. The study assesses how the Indonesian parliament executes its legislative function and underscores the imperative for reformulating planning, institutions, and capacity. The article advocates for an expedited authorization of Information and Communication Technology (ICT) as a crucial step toward digitizing legislation in the pursuit of a thoroughly transformed and principled legislative system. © 2023 by Author(s). This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.

Affiliations

Faculty of Law, Universitas Negeri Semarang, Indonesia; Huaqiao University, Fujian, China; Sapineza University of Rome, Italy