Substantive Rule of Law in Indonesia: Constitutional Gaps, Criminal Procedure Reform, and Rule of Law Index

Abstract

This article examines the concept of the rule of law in Indonesia’s constitutional system from two opposing perspectives: the norms as stipulated in the 1945 Constitution and legislation, and empirical practices as reflected in various governance indicators. The study includes an analysis of Article 1, paragraph (3) of the 1945 Constitution as the foundation of the rule of law, the architecture of constitutional supremacy within Indonesia’s constitutional system, the implementation of the new Criminal Procedure Code (KUHAP) in 2025, signed by President Prabowo Subianto as an effort to strengthen the rule of law in criminal enforcement, and the decline in Indonesia’s WJP Rule of Law Index score in 2025—which, although showing an overall negative trend, was not uniform across all dimensions. This article analyzes the gap between norms and practices (das Sollen versus das Sein) in the implementation of the rule of law in Indonesia, identifies the factors causing this gap, and formulates recommendations to strengthen substantive—rather than merely formal—rule of law.