The Indonesian House of Representatives and its role during democratic regression

Abstract

ABSTRACT Parliament and the separation of power are essential elements of democratic consolidation. However, what role does parliament take if democracy is in retreat? Following a comparative approach, this article analyses the role of the Indonesian House of Representatives (DPR) during a process of democratic decline. Indonesia is seen as a success story of democratisation. Since 1998, the country has transitioned from an autocratic regime to a vibrant multi-party democracy. However, twenty years on, academics have been highlighting far-reaching patterns of democratic regression. Whereas there have been studies of the democratic setback globally and more in-depth analyses of aspects of the Indonesian democracy in retreat, there has been little attention on the role of the country’s legislature in this situation. This article analyses how the DPR has been executing its legislative mandate during Joko Widodo’s second presidential term from 2019 to 2024. Examining three cases of legislation, it found the DPR is not actively resisting the democratic decline. On the contrary, the hypothesis has been proven that the parliament is an active factor in autocratic legalism. This has been most visible in the reduced scrutiny of draft legislation, limited deliberation, and narrow public consultation to serve elite interests. In addition to a weakened legislative role by the DPR, there has been reduced oversight and scrutiny of government policies, visible through limited questioning of ministers or inquiries into the use of the budget and the appointment of government-favoured candidates to national commissions, courts, and state bodies. Moreover, the nature of a consensus-based decision-making system has allowed the executive to effectively control the parliament, instead of the other way around. This is despite some reminders from the Constitutional Court to respect the legal provisions that require deliberation and consultation of the people.