Legal Literacy - In the 21st century, the world is witnessing a worrying phenomenon: the decline of democracy and the fragility of the principle of the rule of law in various countries. Rule of law presupposes the supremacy of a just law that protects the rights of citizens, while democracy guarantees popular participation and limitation of power. However, signs of erosion of these two pillars are becoming increasingly apparent globally. Reports from independent institutions show that world freedom has declined for more than a dozen consecutive years turkishminute.com. This means that the collapse of democracy is no longer just a theory – it is happening before our eyes, slowly but surely.
Global Phenomenon of Democracy and Rule of Law Erosion
The collapse of democracy usually does not happen instantly with the roar of revolution, but through gradual declineA number of factors often contribute to weakening the foundations of democracy. Corruption and abuse of power erode public trust, damage the integrity of institutions, and create inequality kompasiana.com. Extreme political polarization creates sharp divisions in society; when compromise is impossible, the democratic process stalls and opens opportunities for authoritarianism kompasiana.comThe emergence of authoritarian populist leaders who make grand promises but then ignore the law, weaken independent institutions, and silence civil liberties can transform a democratic system into a dictatorship under the guise of legality. kompasiana.comIn addition, economic and social crises can trigger public despair, making them vulnerable to the temptation of authoritarian “shortcuts” for instant stability. kompasiana.comIf added to this is the weakness of democratic institutions – such as the judiciary, parliament, and the media – which fail to operate independently, then democracy becomes increasingly vulnerable to being seized by anti-democratic forces. kompasiana.comAll of these factors often interact, creating a perfect storm for the collapse of the rule of law and democracy from within. kompasiana.com.
Warnings from Venezuela, Turkey, and Hungary
We can learn from real examples in various parts of the world. Venezuela was once known as one of the most stable democracies in Latin America post-1958, when the dictatorial regime was overthrown. However, the election of Hugo Chávez in 1999 marked a grim turning point. Armed with populist promises, Chávez consolidated power, amended the constitution, and weakened democratic institutions. Gradually, Venezuela became increasingly authoritarian, especially under his successor, Nicolás Maduro, who governs amidst a severe economic and political crisis. kompasiana.comA similar fate befell Turkey. This country, once seen as a progressive Muslim democracy, has experienced a drastic decline in the last decade. Following the failed military coup in 2016, President Recep Tayyip Erdoğan used the event to remove checks and balances democratic elements and eliminate his political opponents turkishminute.com. Freedom House even assesses that Turkey is now “not free” with a score of only 32/100 – on par with authoritarian countries such as Russia and China. turkishminute.com. The Erdoğan government tightened control over the judiciary (by regulating the appointment of judges) and passed “disinformation” laws that are considered to further silence the opposition and independent media ahead of the election. turkishminute.comAnother example comes from Hungary in the heart of Europe. Under Viktor Orbán, Hungary has turned into what the European Parliament calls an “electoral autocracy hybrid regime” – a country that still holds elections but no longer respects democratic norms. europarl.europa.eu. The European Parliament's 2022 report firmly states: “Hungary is no longer a democracy.” The rule of law has deteriorated at an alarming rate due to the Hungarian government's systematic efforts to weaken democratic institutions, to the point that a large majority of members of the European Parliament agree that this is a wake-up call for Europe. europarl.europa.euThese three cases warn us that without vigilance, the rule of law can turn into the rule of power in a short time.
Indonesia: Signs of Democratic Regression and the Rule of Law
Post-1998 Reformasi Indonesia is often praised as a successful democratic transition. The Constitution affirms Indonesia as a rule of law state (rechtsstaat) where power is subject to the law, not the other way around. For two decades, the people have enjoyed free elections, peaceful transfers of power, and broader civil liberties than during the New Order era. However, lately a question has arisen: is democracy and the rule of law in Indonesia beginning to regress? Recent data provides reason for concern. The global Democracy Index shows a negative trend. The Economist Intelligence Unit (EIU) classifies Indonesia as a “flawed democracy” with a score of 6.53 in 2023, down from 6.71 the previous year greennetwork.id. A Freedom House report echoes this: Indonesia's freedom score has fallen from 62 (“Partly Free” category) in 2019 to just 57 in 2024 greennetwork.id. This decline indicates a regression in political rights and civil liberties, triggered by a number of domestic issues. One of the main highlights is dynastic politics. Freedom House notes that dynastic politics are increasingly prominent through various “tactics” greennetwork.id. A concrete example occurred in October 2023, when the Constitutional Court (Mahkamah Konstitusi/MK) granted a change to the age limit rule for prospective leaders. The MK's decision allowed someone who had served as a regional head to run for president or vice president even if they had not reached the minimum age requirement of 40 years greennetwork.id. The wider public viewed this decision as an attempt to pave the way for Gibran Rakabuming, President Jokowi's 36-year-old son who was then serving as Mayor of Solo, to run as vice president in the 2024 Election. Unsurprisingly, a wave of protests and sharp criticism arose – many felt that Indonesian democracy was “hijacked” by political nepotism practices greennetwork.id. Shortly thereafter, the Indonesian House of Representatives (DPR RI) even attempted to revise the law to annul another MK decision deemed unfavorable to those in power, triggering public anxiety about rule of law being manipulated for the interests of the elite greennetwork.id.
In addition to the symptoms of dynastic politics, there are serious concerns regarding the weakening of law enforcement and anti-corruption institutions. Over the years, the Corruption Eradication Commission (KPK) has been at the forefront of corruption eradication, a symbol of the rule of law over those who abuse power. However, the 2019 revision of the KPK Law has proven to cripple the agency's fangs. The KPK has lost some of its authority, coupled with the selection of leaders whose integrity is doubted by the public, so that the "spirit" of corruption eradication seems to fade csis.or.id. The practice obstruction of justice in various major cases and the sluggish law enforcement against big-time corruptors reinforces the impression of the weakening of the rule of law. More worryingly, the two main pillars of justice – the Constitutional Court (MK) and the Supreme Court (MA) – have recently been shaken by issues of independence. Political pressure and intrusion of executive-legislative interests have made these two institutions falter; some of their important decisions are considered to be “shadowed by nepotism” and the interests of the authorities csis.or.id. When the highest court is also doubted for its partiality to the constitution and justice, the principle of the rule of law is clearly eroding.
The decline of Indonesian democracy is also evident from the worsening climate of civil liberties. Freedom of expression and opinion is beginning to feel constricted. In the academic sphere, for example, a number of campuses are suspected of imposing sanctions or reprimands on lecturers/students who vocally criticize the government or discuss sensitive issues such as the Papua conflict greennetwork.id. Activists and demonstrators who voice their rejection of government policies face intimidation to criminalization with elastic articles greennetwork.id. Meanwhile, religious and belief minorities outside the country's six official religions still often experience discrimination, and the state fails to provide equal protection for them greennetwork.id. Indicators of press freedom have also declined: according to Reporters Without Borders, Indonesia's press freedom index score plummeted from 63.23 in 2019 to just 51.15 in 2024 greennetwork.id. This drastic decline reflects pressure on journalists and the media, both through regulations such as the ITE Law and through violence and hacking against media workers. In short, a number of yellow light signals have been lit indicating the decline of Indonesian democracy – from increasingly oligarchic politics, legal institutions that are vulnerable to intervention, to reduced space for criticism for civil society.
Preventing the Collapse of Democracy and the Rule of Law in Indonesia
The good news is that this decline is not unstoppable. Indonesia has not fallen as far as Venezuela or Turkey, and there is still ample opportunity to correct course. What should be done? First of all, all elements of the nation must realize that a healthy democracy requires rule of law that are strong. All improvement efforts must be supported by the upholding of the principle of the rule of law which protects every citizen from arbitrariness, and ensures that the law applies fairly and equally to everyone – including those in power greennetwork.id. The government, as the holder of power, must lead by setting an example of compliance with the law and the constitution. Every policy and regulation should be in line with democratic values, not erode them. Integrity of state institutions needs to be restored and strengthened. The KPK, as a representation of courage of the law against corruption, must have its independence restored – for example, by reviewing the controversial revisions to the KPK Law and ensuring that the KPK leadership has high integrity. Likewise, the Constitutional Court and the Supreme Court must be protected from political intervention; checks and balances mechanisms need to be arranged so that legal decisions are truly born from the conscience of the constitution, not the pressure of power.
Furthermore, transparency and accountability in government must be improved greennetwork.id. Open public services and strict oversight of the use of authority can prevent opportunities for abuse of power. Strengthening independent supervisory institutions – such as the Ombudsman, Komnas HAM, or press institutions – should be supported, not weakened. In the political sphere, the rules of democracy must be consistently enforced: honest and fair elections, enforcement of anti-money politics rules, and rejection of legal manipulation for the benefit of a handful of elites. Discourse on circumventing term limits or facilitating political dynasties should be opposed because it undermines the essence of fair play democracy.
Equally important is the role of civil society and citizens. Democracy will die if its citizens are apathetic. Civil society, the media, academics, and young people need to continue to oversee the running of government. We must not be lulled or "feel satisfied" so that we are oblivious to opportunistic politicians cloaked in the jargon of democracy csis.or.id. On the contrary, the public must be critical and dare to voice control when there are signs of deviation. Freedom of expression must be maintained – for example, by revising the elastic articles in the ITE Law and ensuring protection for whistleblower or a human rights defender. Freedom of the press as the fourth pillar of democracy must be secured; all forms of violence or criminalization of journalists must be thoroughly investigated.
Ultimately, nurturing democracy is a never-ending task. It requires collective commitment and constant vigilance. The bitter experiences of other countries show that democracy can collapse not only through coups, but through the slow erosion from within the system. Indonesia still has a golden opportunity to prevent the twilight of the rule of law and democracy from arriving. By fixing existing weaknesses – from eradicating corruption, enforcing the law without discrimination, to ensuring that every citizen is free to speak – we can strengthen the foundations of democracy so that the rule of law remains upright. This is the task of our generation: to ensure that Indonesia does not repeat the path of Venezuela, Turkey, or Hungary, but instead becomes a shining example of how democracy and the rule of law can rise and endure amidst the onslaught of time. Hopefully, alarm this warning is heard before it is too late, for the sake of Indonesia's future which remains democratic and just. csis.or.idgreennetwork.id
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