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The visible and the marginalized: Examining our rule of law
Prabowo now faces a critical choice: to return to the roots of a rechtsstaat, or to continue with a regulatory state model that accommodates the interests of a broad political alliance.
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Attorney General's Office (AGO) officials set up money seized from the houses of former Supreme Court official Zarof Ricar ahead of a press briefing at AGO headquarters in Jakarta on Oct. 25, 2024. (Antara/Asprilla Dwi Adha)
T
he changing of the guard in national leadership could not be a more appropriate time for us to reflect deeply on the state of the rule of law in the country, especially as the administration of President Prabowo Subianto continues the course set by former president Joko "Jokowi" Widodo.
There are three main reasons why this reflection is critical.
First, as Prabowo's leadership follows Jokowi's hegemonic power structure, it is unlikely that our legal system will shift toward a more progressive stance. Instead, stagnation seems to be the likely outcome.
Second, the focus of both the Jokowi and Prabowo administrations aligns on key points: Maximizing investment opportunities, facilitating business operations and reaping profits from extractive economic activities. This focus demands political and security stability, rendering the law a mere instrument to maintain order and stability.
Third, it is important to gauge the depth of commitment and consistency within Prabowo’s government in reinforcing legal institutions.
A deeper look at Indonesia's rule of law index reveals a stagnant condition. This stagnation stems from two main factors. First, the Jokowi administration prioritized maintaining order and security over implementing comprehensive legal reforms. Second, the previous administration did not effectively build or strengthen legal institutions.
According to the World Justice Project's report on the Rule of Law Index, Indonesia scored 0.53 in 2024. This highlights a tangible stagnation, if not weakening in the rule of law. In 2015, Indonesia’s score was 0.51, meaning our legal institutions have seen no significant progress. While Indonesia’s score has barely changed, its ranking dropped from 66th in 2023 to 68th in 2024.
