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All Journal Activa Yuris: Jurnal Hukum Law Research Review Quarterly
Aryoko Abdurrachman
Universitas Sultan Ageng Tirtayasa
Education Law, Crime, Criminology & Criminal Justice

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Overlapping Central-Regional Authorities in the Unitary State of the Republic of Indonesia: Problems of Decentralization Design and Governance Reconstruction Muh Farhan Arfandy; Amin Nugrah Santoso; Aryoko Abdurrachman; Shofiyatu Jahra
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24072

Abstract

The dynamics of central-regional relations in Indonesia's post-Reform constitutional system continue to fluctuate, particularly with the advent of the Omnibus Law regime (Job Creation Law), which has fundamentally altered the landscape of decentralization. This article examines the structural problems of overlapping authority, which are no longer merely administrative but have created a regulatory vacuum and legal uncertainty at the local level. Using normative legal research methods with statutory and conceptual approaches, this study analyzes the disharmony between the Regional Government Law as the basis of autonomy and various sectoral laws that tend to be centralistic. The findings indicate that centralization of licensing without adequate central supervisory capacity has weakened environmental control functions and hindered public service effectiveness. As a solution, this article proposes a reconstruction of the authority distribution model through five strategic pillars: (1) regulatory harmonization placing the Regional Government Law as the lex generalis; (2) revitalization of the subsidiarity principle returning execution functions to the regions; (3) institutionalization of non-litigation administrative dispute resolution mechanisms; (4) a shift towards outcome-based accountability; and (5) the implementation of asymmetric decentralization and multi-level governance. This reconstruction aims to build a synergistic, accountable, and responsive central-regional relationship within the framework of the Unitary State of the Republic of Indonesia.
The Development of the concept of unlawful act in a contemporary perspective Auliah Ambarwati; Berthon Jonathan; Aryoko Abdurrachman
Law Research Review Quarterly Vol. 12 No. 6 (2026): Special Edition Part 2
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i6.63015

Abstract

The evolution of the doctrine of Unlawful Acts (Perbuatan Melawan Hukum/PMH) demonstrates increasingly complex dynamics within contemporary legal contexts. Rooted originally in the concept of onrechtmatige daad in Dutch civil law, this doctrine continues to evolve in response to demands for justice and the development of modern society. In Islamic economic law, the concept of PMH is connected to the principles of adl (justice) and maslahah (public interest), whereby an act is deemed unlawful not merely because it violates positive norms, but also because it contravenes moral and Sharia values. In contrast, within the common law system, PMH has its counterpart in the concept of tort, which emphasizes individual responsibility for the violation of others' rights through the principles of duty of care and negligence. Furthermore, the doctrine highlights third-party liability (third-party liability) in PMH, particularly when indirect involvement causes harm to others, such as through aiding and abetting or vicarious liability. Additionally, the doctrine of onrechtmatige overheidsdaad extends the scope of PMH to unlawful acts committed by those in power, affirming that the state too may be held accountable when its administrative actions or policies violate citizens' rights. Thus, contemporary PMH doctrine is no longer merely a civil law instrument, but rather has become a pillar of justice that balances legal accountability among individuals, corporate entities, and the state across various modern legal systems.
Co-Authors Amin Nugrah Santoso Auliah Ambarwati Berthon Jonathan Muh Farhan Arfandy Shofiyatu Jahra