MAHFUD MD: KALAU POLITIK RUSAK, HUKUM IKUT RUSAK

Summary

At the launch and review of the 13th edition of Politics of Law in Indonesia, Mahfud MD revisited the central argument of his 1993 dissertation: law and politics are closely connected, and political conditions strongly shape the character of laws. He distinguishes democratic politics, which tends to produce responsive laws, from authoritarian politics, which tends to produce orthodox or repressive laws.

Mahfud said these categories need practical indicators. Democratic politics involves stronger parties and parliament, limits on executive power, and press freedom. Responsive laws are formed through meaningful public participation and reflect people’s aspirations. Under authoritarian politics, parties may become rubber stamps, the executive dominates, and laws may be imposed with little public input. He also cautioned that the relationship is most evident in laws governing political power and the relationship between rulers and citizens; not every area of law necessarily follows the same pattern.

He traced Indonesia’s political and legal history from the concentration of presidential power after independence, through periods of parliamentary democracy and authoritarian rule, to the reforms beginning in 1998. He credited early reform-era institutions and legislation with improving the legal landscape, but warned that later developments show signs of regression. He described the current risk as a return to orthodox lawmaking, associated with oligarchy and what is often called autocratic legalism. He stressed that law and politics influence one another, even though his main analytical focus is law as a product of politics.

The panel largely agreed that the country is not clearly moving in a democratic direction. Susi Dwi Harijanti said electoral democracy alone is insufficient: democracy should also produce accountable government and serve the common good. She emphasized that the challenge is to prevent politics from determining law in ways that undermine the constitutional principle of a state governed by law.

Abdul Gaffar Karim argued that law enforcement cannot be better than the politics that sustain it. He described good politics as representative, competitive, and accountable, and said Indonesia may have elected representatives without having representatives who effectively voice public interests. Suparman Marzuki judged the present situation a significant democratic regression, pointing to oligarchic influence, narrowed civic space, and public participation that is often formal rather than meaningful. He called for a more emancipatory approach to law that serves human dignity and justice.

Feri Amsari raised concerns about laws and institutions being shaped to suit those in power. He cited changes involving the military’s role in civilian posts and proposed election rules as examples of why legal procedures and public participation matter. He also warned that law can become a façade for political decisions rather than a constraint on power. Other speakers stressed the importance of political-party accountability, ethical conduct by public officials, and public vigilance.

The contributors also discussed the book’s academic importance. Panelists described it as an influential interdisciplinary work that helped establish legal politics as a field of legal study and encouraged students to examine how law is shaped by political and social forces. Mahfud said he welcomed the discussion and viewed the book as a work that can continue to develop alongside Indonesia’s changing political and legal conditions.

Presenters and Contributors

• Mahfud MD — author and speaker
• Moh. Baikhuni — Chair of the Gadjah Mada University Board of Professors; gave opening remarks
• Inayah Wahid — moderator
• Susi Dwi Harijanti — panelist
• Suparman Marzuki — panelist
• Abdul Gaffar Karim — panelist
• Feri Amsari — panelist
• Maria S.W. Sumardjono — Mahfud’s former promoter; contributed a recorded message
• Fahmi Radhi — audience contributor
• Zuly Qodir — audience contributor
• Yance Arizona — audience contributor
• Tio Ardianto — audience contributor
• Susilo — audience contributor; the subtitle’s version of his full name is unclear
• Dani — audience contributor; the subtitle’s version of the full name is unclear
• Nova Rasdiana — publisher representative involved in the ceremonial book handover