Contesting and Defending Trust: The Case of Indonesian Law Making During the Reform Era

As a country applying the Continental system, Indonesia has heavily relied on statues. Statutes become one of the most important sources of law. Sadly, however, statutes are often considered as a matter of politics, rather than as a matter of legal. Consequently, statutes as a product of legislature have been often labeled as political products denying both formal and material legal principles, such as principles of public participation and prudently, to name a few. This paper analyzes practices of law-making within the Indonesian constitutional system during the Reform era (1998-2020). In order to make systematic discussions, I will divide periods based on the president’s term of office, which is administrations of Habibie (1998-19990), Abdurahman Wahid (1999-2001), Megawati (2001-2004), Susilo Bambang Yudhoyono (2004-2014), and Joko Widodo (2014-now). It is argued that public trust toward law-making in Indonesia has considerably decreased as the democracy backsliding happens.