Research methodology in legislative drafting in Indonesia

Abstract

ABSTRACT Research in legislative drafting in Indonesia is compulsory. Output of the research is academic paper (Naskah Akademik) which supports rationale needed for legislative drafting. This academic paper also provides logical and objective argumentation on significance of legislation. Even though research in legislative drafting has become a compulsory since 2011, academics and practitioners found several weaknesses in research methodology. This article discusses two major issues related to research methodology in legislative drafting (developing the academic analysis). The first is dynamics of legislative policy developments related to research methodology for developing academic paper for legislative drafting in Indonesia. The second is weaknesses of legislative policy developments related to research methodology for legislative drafting in Indonesia. This article shows that the national policy on legislation did not provide comprehensive guidance on research methods for developing academic paper for legislative drafting. The existing guideline discussed general issues, which affect quality of academic paper for legislative drafting. As an addition, academic paper for legislative drafting is treated as not more than complementary document for the drafting because it provided neither scientific justification nor arguments.