Lameduck Session dan Autocratic Legalism (Studi Revisi Undang-Undang Kementerian Negara)

Abstract

The enactment of Law No. 61 of 2024 concerning the Amendment to Law No. 39 of 2008 on State Ministries marks the final legislative gift from the President and the House of Representatives at the end of their term. Amid a lack of public legitimacy in the law-making process, there exists a potential for autocratic legalism that could undermine the principles of constitutionalism. This article explores two key issues: (1) What is the character of the legal product resulting from the amendment to the Ministry Law during the lame-duck session? and (2) What are the manifestations of autocratic legalism that occur during and after the amendment to the Ministry Law? The analysis is conducted through a conceptual and statutory approach. The findings indicate that the amendment to the Ministry Law exhibits the characteristics of an orthodox legal product and simultaneously serves as a foundation for autocratic legalism in the post-transition government.