Legal Literacy - Open Legal Policy is the authority of lawmakers when the constitution does not provide clear limitations regarding the material in the law. Learn about the meaning, examples, limitations, and application in other countries.

Open legal policy or open legal policy is the authority possessed by lawmakers (DPR and the President) when the constitution (UUD 1945) does not provide clear limitations on how the material in the law (UU) should be regulated.

In other words, when the constitution does not regulate something in detail, the lawmakers have the freedom to determine how it will be regulated in the law.

  • The constitution cannot possibly regulate all the dynamic legal regulatory needs in society.
  • Enables responsiveness and flexibility in the formation of legislation
  • Given space by Constitutional Court so that legal vacuums are immediately filled.

This concept was first used by Constitutional Court (MK) in Constitutional Court Decision Number 010/PUU-III/2005. The aim is to provide space in the legislative process when the 1945 Constitution does not explain a legal matter in detail.

  • Not an unlimited authority. The formation of laws resulting from open legal policy must still be in accordance with basic constitutional principles and pay attention to human rights.
  • Constitutional Court has an oversight function. The Constitutional Court has the right to annul legal norms resulting from open legal policy if they are deemed to be contrary to the constitution.

Here are some limitations for the Constitutional Court (MK) regarding handling cases related to open legal policy: