corruption) but also in the process of legislative drafting (state capture). Since the establishment of the

Corruption Eradication Commission (KPK), many members of the House of Representatives (DPR), the

Regional Legislative Council (DPRD), or government officials have been arrested and convicted of criminal

acts due to legislative corruption. In legislative corruption, the actors involved consist of the interest parties and

lawmakers. The interest parties attempt to obtain political, economic, and social benefits (supernormal profits)

from the formulated legislation. To the same extent, the lawmakers expect the money or other personal benefits

from the interest parties in return for the assistance given. Legislative corruption will lead to disorganized

policy implementation, loss on the national economy, public distrust of the law-maker institutions, and long-

term effect of distrust of law and democracy. Several prevention strategies of legislative corruption can be

employed by improving four principles of legislative drafting: management, professionalism, justification, and

Corruption still becomes the biggest problem for

many countries in achieving prosperity [1]. The

government of Indonesia also acknowledge that

corruption is a great enemy in realizing

development as stated in the 2015-2019 National

Medium-Term Development Plan (RPJMN). In the

into two types: state capture and administrative

corruption. The World Bank defines state capture as

the actions of individuals, groups, or firms in both

meaning has two elements: governing and

implementing [3]. Based on this classification, it can

be implied that government also involves governing

power in terms of making regulations. This

corresponds to the notion given by Van Wijk and

W. Konbelt, stating that implementation (uiting) can

refer to issuing provisions, other real actions, or the

following regulations.

corruption’ are also relevant to be used in Indonesia.

initial investigation on 164 cases, investigation on

199 cases, closing address on 151 cases, permanent

legal binding (inkracht) on 106 cases, and execution

on 113 cases [4]. These cases involved 229

members of the House of Representatives (DPR)

and the Regional Legislative Council (DPRD), 20

governors, and 91 mayors and regents.

procurement of goods and services, licensing,

bribery, levy, misuse of budget, money laundering,

policies was the case of Luthfi Hasan Ishaaq, which

happened when he still served as a member of the

House of Representatives. In a legally binding court

judgement, the Chairman of the Supreme Court

(MA) sentenced him to 18 years’ imprisonment as

he had transactional relations and misused his

position to get money from a beef businessman. The

bribe was aimed to increase the import quota of beef

for the businessman [5 – 7].

distributed to some members of the House of

Representatives to maintain BI’s interest in

discussing an amendment of Law of BI and

addressing issues on the Bank Indonesia Liquidity

Support (BLBI). Some members of the House of

policies are developed under the supervision from

politically accountable institutions which have

particular roles, where political actors refer to those

who are accountable for determining the contents of

the legislation. On the contrary, in the agenda-

building theory, legislative drafting is described as a

disorganized process elicited from a social process

in which ideas contradict different interests. In this

case, the parties having interests seek to gain access

to political agenda in order to offer a concept of

to their society which are not involved in the

formulation of legislation. Unfortunately, the jargon,

values, ideology, or new principle (informing

principle) are generally not relevant to the social

reality so that eventually they just lead to resistance

and even stagnation. In the bureau-politics theory or

organizational politics theory, the process of

legislative drafting is not established based on

rational formation or a process encouraged by the

society, but it is just a competition of authority

regulations have four dimensions, and each of which

has their own rationality. These four dimensions

consist of: political dimension, legal dimension,

economic dimension, and scientific dimension.

They sometimes work jointly or separately, or even

they reduce one another. In developing countries,

political dimension generally tends to be dominant

than the others because political institutions have

significant impacts in people’s lives.

drafting, in fact, tends to make political decisions

rather than carry out legal works. The influence of

politics in legislative drafting will not cause

problems when the political configuration is

democratic as the character of legal products

legislative drafting, especially in Indonesia, is

important in order to achieve the objective as a

welfare state, which is a constitutional mandate and

needs to be formulated and implemented in state

administration practice. Consequently, the state’s

responsibility in realizing government is to achieve

the national objectives [21].

the state/government in various life aspects of the

many reasons underlying the importance of

developing the quality of legislative products in

both national and regional levels. It is because the

development dynamics of Indonesian society is

quite rapid in all sectors including social, political,

legal, living environment, education, and defence

and security sectors.

drafting, Attamimi [22] divides legal principles in

legislative drafting into two: (1) formal legal

necessity of regulation; 3) the principle of right

organ/institution; 4) the principle of proper content

materials; and 5) the principle of applicability. On

the other side, material principles involve: 1) the

principle of accordance with the ideals of laws and

fundamental norms of the state; 2) the principle of

accordance with the national laws; 3) the principle

of accordance with the national principles based on

laws; and 4) the principle of accordance with

government principles based on the constitution.

Material and formal criteria have different

procedures in the drafting process. Material criteria

deal with preparation tasks in the drafting process

such as definitions, problems, problem analyses,

generating alternative solutions, etc. On the

on December 8, 2010 the regent established it as the

Bylaw No. 12/2010. The regent then deliberately set

PT. Puguk Sakti Permai (PT. PSP) as the winner of

the multi-year project tender that was ratified in a

work agreement on March 15, 2011 on the

development and urban planning of Tais as the

capital of Saluma with hotmix road construction

with contract value of IDR 338 billion.

Datuk - Simpang Enam were supposed to be

widened and divided into two ways by using

national roads. However, because of unfavorable

natural conditions (soil condition and settlement),

the roads needed to be moved to the southern

direction from Talang Dantuk village by building

new roads leading to budget increase.

to give the money to 27 members of the Council as

they approved the revision of the Bylaw No.

the Bylaw No. 12/2010 to the Bylaw No. 2/2011,

increasing the budget from IDR 360 billion to IDR

381 billion. On April 4, 2010 the regent ratified the

Bylaw No. 2/2011 on budget increase for building

road and bridge infrastructure with hotmix

construction through the implementation of multi-

year work for 5 fiscal-year period. On April 7 and

12, 2011 the regent realized his promise to give the

amount of money of IDR 50 million to the members

of the Council through Ali.

was supported by the Jakarta High Court through

the Judgement No. 20/Pid.B/TPK/2012/PT.DKI

May 9, 2012. In the end, the judgement became a

permanent legal binding (inkracht) when the

Supreme Court rejected Murman Effendi’s appeal

the discussion of the bylaw draft of RTRKSP

Jakarta in the Council’s Legislation Agency

(Balegda) of the Jakarta Regional Legislative

Council. Sanusi was sentenced 7 years’

imprisonment in the first level court. The prosecutor

then appealed, and the sentence was added into 10

years’ imprisonment. This judgement was supported

by a cassation decision. In the judicial review (PK),

the sentence was reduced into 7 years’

imprisonment [33]. At the same time, the bribe

the bylaw draft of spatial planning of Jakarta north-

coast strategic area [34].

application, and execution stages. The application

stage of law enforcement is a sophisticated process

because it involves many parties (e.g., police,

least 2 meanings [16]. First, it refers to the

settlement by the court and law-enforcement

officers on a sued conflict or violation. Second, it

refers to the implementation of legislation in

everyday activities by the authority or government

bureaucracy officers. In fact, law enforcement both

in settling a conflict in the court and in

implementing legislation in daily life is still

addition, independence in drafting and harmonizing

legislation must be guaranteed through laws in order

to resist intervention from a particular interest.

legislative drafting can be minimized by

strengthening the position of academic scripts

including draft of laws or bylaws. The academic

scripts must be restored from their function as just a

formality in fulfilling the requirements of law and

bylaw drafting to a justification of the importance of

12/2011 states that transparency is one of the

principles which must be followed by every

lawmaker. The law stipulates that individuals or

groups who have an interest in the draft substance

are allowed to give input verbally or in writing form

through public hearing, work visit, socialization,

seminar/workshop/discussion. However, Law No.

12/2011 still does not specifically regulate on which

stage the participation takes place and how the

mechanism works. Therefore, formal guidelines

(in the context of legislative drafting) is one of the

characteristics of a democratic state [41].

Participation can be interpreted as involvement or

taking part in an activity, starting from the planning

to evaluation. Public participation in the process of

legislative drafting can be categorized as political

participation. Huntington and Nelson [42] define

political participation as private citizens’ activities

which attempts to influence decision making by the

government.

programs, drafting laws, discussing drafts, and

passage, lawmakers must provide information

and/or receive input from the public and

stakeholders as a part of public participation [44].

The lawmakers can use advanced technologies to

fulfilling the requirements of law and bylaw drafting

to a justification of the importance of legislation as

well as guidelines on content drafting in legislation.

Finally, in terms of public participation formal

guidelines regarding how lawmakers guarantee

public participation needs to be developed. The

guidelines also guarantee how the participation

given can influence the contents of legislation.

[1] Bracking S., Corruption and development,

[4] Anti-Corruption Clearing House (ACCH),

[5] Wedhaswary I. D., Hak Politik Luthfi Hasan Ishaaq

[7] Sadma O., The Role of Environmental-Based

[8] Anggono B. D., Perkembangan pembentukan

[10] Rachman D. A., Kembangkan Kasus Zumi Zola,