Marzuki
Fakultas Hukum Universitas Islam Sumatera Utara, Indonesia

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Constitutional Transformation and Public Power: Reinterpreting the Separation of Powers in Contemporary Indonesia Marzuki; Abdul Rahman
Polit Journal Scientific Journal of Politics Vol 6 No 2 (2026): Polit Journal: Scientific Journal of Politics, May
Publisher : Britain International for Academic Research (BIAR-Publisher)

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The transformation of constitutional governance in the twenty-first century has fundamentally altered the distribution and exercise of public power. The classical doctrine of the separation of powers, originally designed to prevent the concentration of authority among the legislative, executive, and judicial branches, is increasingly challenged by the emergence of independent constitutional institutions, administrative agencies, decentralized governance, and collaborative policymaking mechanisms. In Indonesia, constitutional reforms following the 1998 democratic transition have significantly reshaped institutional relationships, expanding the architecture of public authority beyond the traditional framework of trias politica. These developments raise fundamental constitutional questions regarding whether the classical doctrine of the separation of powers remains adequate for explaining the contemporary structure of state power. This study aims to reinterpret the doctrine of the separation of powers within the context of Indonesia's contemporary constitutional system by examining the transformation of public power in the modern administrative state. Employing a normative legal research approach, the study analyzes constitutional provisions, statutory regulations, Constitutional Court decisions, and comparative constitutional theories alongside contemporary scholarship on constitutional governance and administrative constitutionalism. The findings demonstrate that Indonesia has experienced a significant constitutional transformation in which public power is no longer exercised exclusively through the interaction of the three classical branches of government. Instead, constitutional authority is increasingly distributed across independent institutions, regulatory agencies, decentralized governmental entities, and collaborative governance networks that perform constitutionally significant public functions. Consequently, the traditional doctrine of the separation of powers requires reinterpretation to accommodate these institutional developments while preserving the fundamental principles of constitutionalism, democratic accountability, and the rule of law.
The Transformation of Administrative Responsibility: A New Theory of Public Accountability in Modern Administrative Law Marzuki
Britain International of Humanities and Social Sciences (BIoHS) Journal Vol 8 No 1 (2026): Britain International of Humanities and Social Sciences, February
Publisher : Britain International for Academic Research (BIAR) Publisher

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Administrative responsibility has long constituted one of the fundamental pillars of administrative law, serving as the primary legal mechanism through which governmental authority is constrained, public officials are held accountable, and citizens are protected against unlawful administrative action. Traditionally, administrative responsibility has been understood primarily through the lens of legal liability, emphasizing compliance with statutory authority, judicial review, and procedural legality. However, the increasing complexity of contemporary governance has exposed significant limitations within this classical understanding. The expansion of regulatory institutions, collaborative governance, independent administrative agencies, and multi-level public administration has transformed the manner in which public authority is exercised, resulting in increasingly fragmented structures of accountability that challenge conventional doctrines of administrative responsibility.This study aims to reinterpret the concept of administrative responsibility by developing a broader theoretical framework capable of explaining the distribution of public accountability within modern administrative governance. The research employs a normative legal methodology combining doctrinal analysis, comparative administrative law, and conceptual legal synthesis. Primary legal materials include administrative law principles, constitutional doctrines concerning public accountability, statutory regulations governing administrative authority, and leading scholarly literature on administrative responsibility, public governance, and accountability theory.