Between Politics and Principle: Analysis of Indonesian Legislative Lawyers’ Role in the Law-Making Process

The role of legislative lawyers within the Indonesian legal system is pivotal, anchored in their integral participation throughout the entire legislative process, from preliminary drafting to final enactment. Occupying the delicate nexus between their professional commitments as guardians of the rule of law and the complex realities of being state civil apparatus members, legislative lawyers confront a dual allegiance: balancing their adherence to legal principles against the often overriding political interests of governing regimes.

Through a comparative analysis, this study delineates the similar foundations underpinning the work of legislative lawyers and that of traditional legal professionals, thereby highlighting the intrinsic connection and reinforcing their necessity for equal protection under the law. Furthermore, it brings to light the practical challenges faced by legislative lawyers. The struggle with political interference and the responsibility to uphold legality reveals their predicament in handling contentious legislation which garners public scrutiny.

The findings underscore the vulnerability inherent in the role of legislative lawyers as civil servants where they are entrapped by political machination and manifested in several controversial laws that ignited public debate. Moreover, the paper identifies the legislative lawyers' constrained capacity to uphold justice in the face of potential personal career repercussions.

This article recommends the critical imperative to craft and enact specific laws that will bolster the professionalism and security of legislative lawyers in Indonesia, thereby preserving the sanctity of the rule of law. By instituting specific legal safeguards that acknowledge and protect the professional integrity of legislative lawyers, it will advocate for recognition of their role to be commensurate with established legal professions in Indonesia, such as judges, advocates, prosecutors, and police.