Indonesia: Signs of Democratic Regression and the Rule of Law

Post-1998 Reform Indonesia is often praised as a successful democratic transition. The Constitution affirms Indonesia as a rule of law (rechtsstaat) where power is subject to law, not the other way around. For two decades, people have enjoyed free elections, peaceful transfers of power, and greater civil liberties than in the New Order era. However, lately a question has arisen: is democracy and the rule of law in Indonesia beginning to decline? The latest data gives reason to be vigilant. 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. Freedom House reports a similar trend: Indonesia's freedom score fell from 62 (“Partially Free” category) in 2019 to just 57 in 2024 greennetwork.id. This decline indicates a decline 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 becoming increasingly prominent through various "tactics" greennetwork.id. A concrete example occurred in October 2023, when the Constitutional Court (MK) granted a change to the age limit rules 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 the 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 being "hijacked" by political nepotism greennetwork.id. Not long after, the Indonesian Parliament even attempted to revise the law to annul another MK decision that was deemed unfavorable to those in power, triggering public anxiety about rule of law being manipulated for the interests of the elite greennetwork.id.

Besides the phenomenon of dynastic politics, there are serious concerns about the weakening of law enforcement and anti-corruption institutions. For 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 of obstruction of justice in various major cases and the slow enforcement of the law against big-time corruptors reinforce the impression of a weakening 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 "shadowed by nepotism" and the interests of the rulers csis.or.id. When even the highest courts are doubted for their impartiality 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 opposition to government policies face intimidation and 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 the 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 a decline in 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, this decline is not unstoppable. Indonesia has not fallen as far as Venezuela or Turkey, and there is still a wide opportunity to correct its direction. What needs to be done? First of all, all elements of the nation must realize that a healthy democracy requires rule of law a strong one. 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 is obliged to 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 guts law against corruption, must be restored to its independence – for example by reviewing the controversial revision of 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 supervision 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 realm, 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. Discourses to outsmart term limits or facilitate political dynasties should be opposed because they undermine the essence fair play democracy.

No less 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 complacent or "feel satisfied" so that we are oblivious to opportunistic-minded politicians who are 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 human rights defenders. 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.

In the end, maintaining democracy is a never-ending job. It requires collective commitment and constant vigilance. The bitter experience of other countries shows that democracy can collapse not only through coups, but through 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 the 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 supremacy of law remains upright. This is the task of our generation: to ensure that Indonesia does not repeat the footsteps of Venezuela, Turkey or Hungary, but becomes a shining example of how democracy and the rule of law can rise and survive in the midst of the onslaught of the times. Hopefully alarm this warning will be heard before it is too late, for the future of Indonesia which remains democratic and just. csis.or.idgreennetwork.id