Title: The role of government in post-legislative scrutiny: case study of revision to the Indonesian Fisheries Law

Authors: Abubakar Eby Hara; Agus Trihartono; Himawan Bayu Patriadi

Addresses: Department of International Relations, University of Jember, Tegalboto Campus, Jl. Kalimantan 37, Jember 68121, Indonesia ' Department of International Relations, University of Jember, Tegalboto Campus, Jl. Kalimantan 37, Jember 68121, Indonesia ' Department of International Relations, University of Jember, Tegalboto Campus, Jl. Kalimantan 37, Jember 68121, Indonesia

Abstract: This paper discusses the post-legislative scrutiny (PLS) of Indonesia's Fisheries Law. This law was issued in 2009 but was not implemented until 2014, when Joko Widodo was elected president. In the context of PLS, the role of the legislature is essential to enforce a system of checks and balances in a democratic government. But in the case discussed, it is the executive who was active in the implementation and supervision of this law. Why such things happen is the main question of this paper. We argue that in the case of Indonesia, PLS depends on whether the law has a significant political magnetism. Unlike the system in established democracies where the PLS mechanism is crucial and efficient, in the case of Indonesia, PLS is primarily determined by the political will of the government. In other words, PLS cannot be applied directly in contexts different from its origin but must look at the political context that developed at one time.

Keywords: post-legislative scrutiny; PLS; Indonesia; Joko Widodo; Indonesia Fisheries Law; democracy.

DOI: 10.1504/IJPP.2022.124768

International Journal of Public Policy, 2022 Vol.16 No.2/3/4, pp.77 - 87

Accepted: 24 Mar 2022
Published online: 08 Aug 2022 *