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The Principle of Erga Omnes and Legal Certainty in the Execution of Administrative Court Decisions Maalikatussofa -; Muh. Ali Masnun; Fahri Hidayatullah
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 1 (2026): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v3i1.50567

This study analyzes the binding force of Administrative Court decisions on administrative bodies that are not formally parties to the dispute, as well as the legal implications of non-compliance with these decisions on the certainty of the employment status of civil servants. The research method used is normative legal analysis with a regulatory, conceptual, and case-based approach. The results of the study show that PTUN decisions that have permanent legal force are res judicata and have erga omnes binding force, thereby creating a normative obligation for all administrative authorities to implement them, even if they were not directly involved in the litigation process. Ignoring these decisions creates legal uncertainty that is contrary to the principle of legal certainty in the General Principles of Good Governance. This finding emphasizes the importance of progressive interpretation of the binding force of administrative court decisions and encourages administrative authorities to comply with decisions that have permanent legal force and provide legal mechanisms for aggrieved parties to effectively demand legal certainty.

Transparency Principle in Local Revenue Governance: An Administrative Law Perspective Athaya Faiz Wijayanti; Muh. Ali Masnun; Andy Usmina Wijaya
NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Law as Normative Rationality: Ontological Foundations of Rights, Governance, a
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i4.74956

This study offers an integrated normative empirical assessment of transparency implementation in local revenue governance, highlighting the structural gap between legal standards and administrative capacity. This study also analyzes the implementation of the principle of transparency in the management of Local Revenue (PAD) by the Regional Financial and Asset Management Agency (BPKAD) of Surabaya City as a manifestation of the application of the General Principles of Good Governance (AAUPB). Using a sociological legal empirical research method, this study combines primary data from interviews with the Head of the Treasury and Accounting Division of BPKAD Surabaya City with secondary data in the form of laws and regulations, official documents, and scientific literature. The results of the study show that BPKAD Surabaya City has implemented the principle of openness through proactive publication, an integrated information system, public information request services, and an SPBE-based data security mechanism. However, implementation still faces significant challenges, including normative aspects (interpretation of the boundaries between open and exempt information, legal timeframe inconsistencies), technical aspects (digital human resource limitations, system downtime, data integration), and institutional aspects (political pressure, information sensitivity, bureaucratic culture). This study concludes that although the regulatory framework is comprehensive, implementation of the principle of openness requires harmonization of legal norms with empirical capacity, strengthening of digital infrastructure, improvement of human resource competencies, and a sustained commitment to realizing transparent and accountable regional financial management.

Overtime Regulation and Contract Workers: A Philosophical Reflection on Justice and Legal Protection in Indonesian Labour Practice Siti Fara Maulidiyah Rachman; Muh. Ali Masnun; Widari Azhar Syaputri
NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Law as Normative Rationality: Ontological Foundations of Rights, Governance, a
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i4.75836

The implementation of overtime working hours and the payment of overtime wages for workers employed under Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu/PKWT), based on the prevailing laws and regulations, namely Law Number 11 of 2020 on Job Creation and Government Regulation Number 35 of 2021, provides that PKWT workers are entitled to overtime working hours and overtime wages in accordance with statutory provisions. However, in practice, cases are still found in which PKWT workers are required to work beyond the stipulated working hour limits without receiving the overtime wage compensation to which they are legally entitled. This situation can be observed in certain companies, which become the focus of this study in relation to the implementation of legal protection for workers who work beyond the prescribed working hours. This research aims to examine and analyze the implementation of overtime working hour provisions and the payment of overtime wages for workers employed under Fixed-Term Employment Agreements (PKWT). To achieve this objective, the study employs empirical legal research using a juridical-empirical approach, also known as a sociology of law approach, supported by field data obtained through a case study of companies employing PKWT workers. The results of the study indicate that many companies have not yet fully implemented overtime provisions in accordance with applicable regulations, both in terms of working hour limits and the provision of overtime wage compensation.

Problematika Pertimbangan Hukum Hakim Dalam Putusan MK Nomor 66/PUU-XXIV/2026 Terkait Kerugian Keuangan Negara Dalam Hukum Administrasi Negara Ahnaf Daffa Fakhruddin Madjid; Muh. Ali Masnun; Reva Aurelia Azzah
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.78943

This research focuses on the legal considerations of judges in the Constitutional Court Decision Number 66/PUU-XXIV/2026 regarding the interpretation of state financial losses from the perspective of Administrative Law. The research problem arises from the conceptual differences between state financial losses in criminal law, which emphasize tangible, actual, and financially calculable losses, and the concept of state financial losses in Administrative Law, which has a broader scope. This research uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach thru the analysis of Constitutional Court Decision Number 66/PUU-XXIV/2026. The research results show that the Constitutional Court maintains the use of the term "state financial loss" in the Government Administration Law on the grounds that it provides a clearer, more objective, and measurable measure of loss, thereby ensuring legal certainty. However, the legal considerations are not yet fully relevant to the concept of state financial loss in Administrative Law because they are still dominated by a criminal law approach that is oriented toward economic and financial losses. However, in Administrative Law, state financial losses do not only encompass technical, economic, and factual losses, but also include administrative, institutional, and functional losses such as disruptions in public services, procedurally flawed decisions, abuse of authority, declining public trust, and failure to achieve government objectives. The legal implication of that decision is the narrowing of the meaning of state financial loss, which has the potential to create legal uncertainty in government administrative practices. Therefore, constitutional judges need to integrate juridical, philosophical, and sociological approaches more balancedly and pay attention to the principles of good governance and the General Principles of Good Governance (AUPB), while further research should develop multidisciplinary studies to clarify the conceptual boundaries of state financial losses in various legal regimes

The Disharmony In The Appointment Of Indonesian National Armed Forces (TNI) Personnel To Civilian Positions Juan Fattah Fachrezy; Muh. Ali Masnun; Ramadhani Salman Alfarizi
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.79249

This research is motivated by the enactment of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI), which has generated controversy regarding the expansion of civilian positions that may be occupied by active TNI personnel. The provision is considered to have the potential to weaken the principle of civilian supremacy, create political conflicts of interest, and cause disharmony with Law Number 28 of 1999 concerning State Administrators Who Are Clean and Free from Corruption, Collusion, and Nepotism. This study aims to analyze the conformity of dual civilian positions held by TNI personnel with the principle of civilian supremacy and to examine the forms of disharmony between the two laws. This study employs normative legal research using both statutory and conceptual approaches. Legal materials were collected through library research consisting of primary, secondary, and tertiary legal sources. The legal materials were analyzed using a prescriptive method in order to provide legal arguments and solutions to the issues examined. The results of the study indicate that the provisions concerning dual civilian positions held by active TNI personnel are not fully consistent with the principle of civilian supremacy because they may lead to military intervention in civilian affairs, political conflicts of interest, human rights violations, and tendencies toward authoritarianism. Furthermore, the revised TNI Law is considered disharmonious with the principles of legal certainty, orderly state administration, public interest, professionalism, and accountability as stipulated in Law Number 28 of 1999. Therefore, clearer legal norms and stricter limitations on the involvement of active TNI personnel in civilian positions are necessary to safeguard democratic principles, civilian supremacy, and legal certainty in Indonesia.

The Regulatory Governance of Mining Centralization in Indonesia: Assessing Administrative Accountability and the Principle of Prudence Ayunimas Puspitasari; Muh. Ali Masnun; Naila Adenan
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 1 (2026): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v3i1.55708

This study examines the transformation of licensing authority in the mineral and coal mining sector following the enactment of Law Number 2 of 2025 concerning the Fourth Amendment to the Mineral and Coal Mining Law, which centralizes mining licensing under the Central Government through the Risk-Based Business Licensing system implemented via the Online Single Submission (OSS-RBA) platform. Employing normative legal research with statutory and conceptual approaches, this study analyzes the legal construction of licensing authority by applying the doctrine of governmental authority, delegation, and the General Principles of Good Governance, particularly the principles of prudence (zorgvuldigheidsbeginsel) and legal certainty. The analysis demonstrates that although licensing centralization aims to improve regulatory harmonization, investment facilitation, and administrative efficiency, the current institutional design generates significant administrative challenges. The delegation of limited licensing authority to governors is not accompanied by sufficient administrative discretion because the Central Government retains control over norms, standards, procedures, and licensing criteria through the OSS-RBA system. Consequently, regional governments bear administrative responsibility for delegated decisions while possessing only limited authority to determine their substantive content. This institutional arrangement weakens the implementation of the Principle of Prudence by reducing meaningful field verification during licensing and undermines the Principle of Legal Certainty by creating fragmented supervisory responsibilities and delayed administrative enforcement. This study contributes to administrative law scholarship by demonstrating that the effectiveness of licensing governance depends not only on the allocation of authority but also on the institutional consistency between delegated authority, administrative accountability, and supervisory capacity. Accordingly, the study recommends strengthening regional involvement in field verification and restructuring the delegation of supervisory authority to achieve more balanced and accountable mining governance.

Legal Problem of the Merah Putih Cooperativ Muhammad Alif Fauzi; Muh. Ali Masnun; Ainun Najwa
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 2 (2026): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v3i4.54653

The Merah Putih Cooperative is a government program aimed at strengthening the village economy through cooperative institutions based on economic democracy and family principles. This study aims to analyze the legal basis for the establishment of the Merah Putih Cooperative, the legal challenges in its implementation, and the potential criminal risks for cooperative managers. The study uses a normative juridical method with a statutory, conceptual, and analytical approach. The results show that the establishment of the cooperative based solely on Presidential Instruction Number 9 of 2025 does not meet the legality principles of state administrative law, thus creating legal uncertainty. In addition, there is overlapping function between the cooperative and the Village-Owned Enterprises (BUMDes), which causes institutional conflict at the village level. Weak internal oversight and low capacity of cooperative managers also increase the potential for misuse of funds, corruption, and other legal violations. Therefore, strengthening formal regulations, harmonizing village institutions, and improving cooperative governance are needed so that the Merah Putih Cooperative program can run transparently, democratically, and sustainably.

Validity of the Governor of East Java's Discretion in Determining the 2025 Minimum Wage: A Legal Analysis under Indonesian Government Administration Law Zulfa Nur Jamilah; Muh. Ali Masnun; Nadhif Fawwaz Tapa
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 1 (2026): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v3i1.57526

The determination of the 2025 Regency/City Minimum Wage (UMK) in East Java Province attracted significant attention from the perspective of administrative law after the Governor of East Java established minimum wages that did not fully comply with the calculation formula stipulated in the Minister of Manpower Regulation Number 16 of 2024. The policy was justified on the basis of administrative discretion considering regional economic conditions and business sustainability, and subsequently became the subject of litigation before the State Administrative Court, culminating in Decision Number 65/B/2025/PT.TUN.SBY of the Surabaya State Administrative High Court. This study aims to examine the validity of the Governor's exercise of discretion under Law Number 30 of 2014 concerning Government Administration. This normative legal research applies statutory and case approaches. Primary, secondary, and tertiary legal materials are analyzed using prescriptive legal reasoning. The findings indicate that the Governor's exercise of discretion failed to satisfy the legal requirements because there was neither a legal vacuum nor governmental stagnation justifying the use of discretion. Furthermore, the Governor's decision conflicted with statutory regulations, violated the General Principles of Good Governance, and deviated from the objectives of discretion stipulated in Articles 22 and 24 of Law Number 30 of 2014. The Surabaya State Administrative High Court reaffirmed that the Governor's authority in determining the UMK constitutes bound authority (gebonden bevoegdheid), thereby preventing deviations from the nationally prescribed wage formula through discretionary power. This study contributes to the development of Indonesian administrative law by clarifying the legal limits of administrative discretion in regional governance.

Reconstructing Indonesia’s Trademark Registration System through the Lens of General Principles of Good Governance to Realize Substantive Justice Muh. Ali Masnun; Dicky Eko Prasetio; Mohd Badrol Awang; Eny Sulistyowati
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.7547

The constitutive or first-to-use system in trademark registration in Indonesia actually creates problems, particularly in failing to meet substantive justice aspects in trademark registration. This is because the constitutive or first-to-use system only provides protection for registered trademarks. This research aims to analyze and reconstruct a trademark registration system that accommodates the General Principles of Good Governance (AUPB). This study provides a novel perspective by integrating the General Principles of Good Governance (AUPB) with Indonesia's trademark registration system, offering a unique approach to enhance substantive justice in trademark law. The research highlights the need for reform in the Indonesian trademark registration process, which can guide policymakers and legal practitioners in improving the accuracy and fairness of trademark protection, thereby reducing disputes and enhancing the protection of intellectual property rights. This research is normative legal research using statutory, conceptual, and philosophical approaches. The research results confirm that the "first to file" system in trademark registration in Indonesia has undermined substantive justice because it only provides legal protection when a trademark has been registered. The urgency to make AUPB a guideline in the trademark registration process is oriented so that the DJKI trademark registration process can prioritize aspects of accuracy and prudence. Reconstructing a trademark registration system model that embodies substantive justice can be done by not applying the constitutive system absolutely but rather relatively by accommodating developments in trademark registration practices. This application needs to be combined with the general principles of good governance to create a fair and effective system in protecting trademark rights and realizing substantive justice.

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