Political Legal Challenges for Developing Countries in Confronting Globalization

Abstract

Globalization has significantly reshaped the international order, creating both opportunities and profound challenges for developing countries. This study examines the political law challenges confronting developing nations, with Indonesia as a primary case study. Political law, understood as law functioning as both a product and instrument of political power, faces increasing pressure to harmonize domestic regulations with international standards dictated by institutions such as the WTO, IMF, World Bank, and transnational corporations. This dynamic often leads to erosion of regulatory sovereignty, fragmented legal frameworks, and tensions between global commitments and national constitutional mandates, particularly Article 33 of the 1945 Constitution, which emphasizes state control over strategic resources for the people’s prosperity. Employing a normative doctrinal legal research method, this study analyzes primary and secondary legal materials through statute, conceptual, analytical, and normative approaches. The findings reveal that globalization exacerbates regulatory fragmentation, weakens law enforcement, and creates power asymmetries in economic diplomacy, as evident in omnibus legislation and investment treaty regimes. While facilitating economic integration, these forces simultaneously undermine state autonomy and social justice objectives. This research highlights the urgent need for resilient normative frameworks that strengthen legal sovereignty while enabling adaptive engagement with global standards.