Constitutional preview in lawmaking based on the principle of social justice: Utopia or a normative necessity?

Amnesti, Sheila Kusuma Wardani ORCID: https://orcid.org/0000-0001-7665-1510 and Negara, Tunggul Anshari Setia (2026) Constitutional preview in lawmaking based on the principle of social justice: Utopia or a normative necessity? Indonesia Law Reform Journal. ISSN 2776-9674

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Abstract

The increasing number of judicial review petitions submitted to the Constitutional Court indicates recurring constitutional disputes arising from enacted legislation, reflecting structural weaknesses in Indonesia’s lawmaking process. These weaknesses include inadequate constitutional scrutiny during legislative drafting, inconsistencies between statutory provisions and constitutional principles, and insufficient incorporation of social justice values in legislative products. The Fifth Principle of Pancasila affirms that social justice for all Indonesians must serve as a fundamental orientation of public policy, including the legislative process. However, ex post constitutional control through judicial review remains corrective and reactive, addressing constitutional deficiencies only after laws have been enacted and have generated legal uncertainty or adverse social consequences. This article examines the urgency of implementing constitutional preview as an ex ante constitutional oversight mechanism that enables the harmonisation of Pancasila values and the norms of the 1945 Constitution of the Republic of Indonesia during the legislative drafting stage. This study employs a normative legal research method using statutory and comparative approaches, supported by Theory of Development Law, which conceptualises law as an instrument of social reform and development. The findings demonstrate that constitutional preview potentially produces legislation that is more constitutionally compliant, socially responsive, and aligned with the principle of social justice, as constitutional concerns can be identified and addressed prior to enactment. In addition to reducing the frequency of constitutional disputes that lead to judicial review petitions before the Constitutional Court, constitutional preview can strengthen democratic legitimacy, normative effectiveness, and public trust in legislative outcomes. Therefore, constitutional preview constitutes an urgent mechanism for improving Indonesia’s legislative system and advancing socially just law grounded in the nation’s constitutional values

Item Type:	Journal Article
Keywords:	Constitutional Preview; Social Justice; Lawmaking; Pancasila
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	sheila sheila kusuma
Date Deposited:	13 Aug 2026 11:05

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