Legal Literacy - Analyzing the surge in requests for judicial review at the Constitutional Court as a reflection of the formalistic legislative crisis. Is this a sign of a living democracy or a failure of the law-making process in Indonesia? Read in-depth legal analysis of the causes, impacts, and solutions.

Throughout 2024, the Constitutional Court (MK) has faced a worrying phenomenon: more than 240 applications for judicial review have flooded the desks of constitutional judges. This figure is not just a statistic that boasts public participation. On the contrary, it is a loud siren, signaling a fundamental fragility in the national legislative system. The root of the problem is identified: our legal products are too often trapped in the trap of a legalistic-formalistic approach.

Most laws and regulations are indeed formed to meet an administrative checklist: academic papers are available, discussions with the government are held, plenary approval is obtained, and signatures are affixed. However, behind the completeness of the formalities, the echo of public questions is getting louder: Where is the substantive justice? Why do newly enacted laws feel detrimental? And most importantly, why is the voice of the people, which should be the highest source of legitimacy, often ignored?

Root of the Problem: The Trap of Formalistic Legislation that Ignores Substance

The…