Title: The role of local experts in the constitution-building process: the case of Indonesian Constitutional Commission

Authors: Bambang Suryowidodo; Indra Perwira; Ali Abdurahman; Mudiyati Rahmatunnisa

Addresses: Faculty of Law, Padjadjaran University, Jalan Banda No. 42, Bandung, 40115 West Java, Indonesia ' Faculty of Law, Padjadjaran University, Jalan Banda No. 42, Bandung, 40115 West Java, Indonesia ' Faculty of Law, Padjadjaran University, Jalan Banda No. 42, Bandung, 40115 West Java, Indonesia ' Chair of Political Science Graduate Program Padjadjaran University, Bukit Dago Utara no. 25, Bandung, 40135 West Java, Indonesia

Abstract: In contrast to their foreign counterparts, the role of local experts is rarely discussed in the literature concerning constitution-building, this difference largely due to the assumption that it is difficult for local experts to act independently of the interests of political actors during the constitution-building process. In this study, we examine the role of the Indonesian Constitutional Commission - an institution of experts established during the Indonesian constitutional amendment process from 1999 until 2002 - as the main case study. Although many Indonesian scholars consider the Commission a failed project due to its failure to influence the outcome of the amendment process and to act independently of the influence of political actors, this paper finds that the aforesaid institution did succeed in strengthening the legitimacy of the amended 1945 Constitution among some elements of society - especially activists and academics - which in turn has also facilitated the success of Indonesia's transition to democracy.

Keywords: local expert; constitution-building process; the Indonesian Constitutional Commission; the amended 1945 Constitution.

DOI: 10.1504/IJPLAP.2025.143353

International Journal of Public Law and Policy, 2025 Vol.11 No.1, pp.81 - 97

Received: 12 Jun 2023
Accepted: 24 Jul 2023
Published online: 16 Dec 2024 *