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All Journal Journal of International Islamic Law, Human Right and Public Policy
Taty Sugiarti
Universitas Pasundan Bandung
Religion Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR THE PUBLIC AGAINST LOCAL GOVERNMENT ADMINISTRATIVE DECISIONS IN WEST JAVA Taty Sugiarti
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

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Administrative decisions issued by local governments directly affect citizens’ legal positions in licensing, personnel affairs, public services, social assistance, land administration, and other governmental matters. This article analyzes the construction of legal protection against detrimental local-government administrative decisions and examines its application in West Java through Bandung State Administrative Court Decision Number 123/G/2019/PTUN-BDG. The study employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials consist of legislation on administrative courts, government administration, local government, public services, Supreme Court Regulation Number 6 of 2018, and the relevant court decision; secondary materials comprise recent administrative-law scholarship. The study finds that effective protection must operate in layers. Preventive protection requires lawful authority, proper procedure, adequate reasons, accurate factual verification, transparency, and compliance with the General Principles of Good Governance. Repressive protection is provided through administrative objections and appeals, judicial review before the State Administrative Court, and effective compliance with final judgments. The Bandung case demonstrates that judicial protection may correct a defect of authority even when the substantive basis of a personnel decision remains legally supportable. Therefore, legal protection should not be understood merely as a mechanism to reverse governmental outcomes, but as an institutional guarantee that every adverse decision is produced by a competent authority through a lawful and accountable process. For local governments in West Java, stronger ex ante legal review, accessible administrative remedies, standardized notice of remedies, and systematic monitoring of judgment compliance are recommended.
BUSINESS LICENSING CHALLENGES IN WEST JAVA FROM AN ADMINISTRATIVE LAW PERSPECTIVE Taty Sugiarti; Berna Sudjana Ermaya
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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The transformation of risk-based business licensing through the Online Single Submission (OSS) system is intended to accelerate services and strengthen legal certainty, yet digitalization does not eliminate the administrative-law dimensions of license issuance, verification, supervision, and dispute handling. This study examines business licensing problems in West Java following the enactment of Government Regulation Number 28 of 2025 and West Java Provincial Regulation Number 4 of 2025. It applies normative legal research using statutory and conceptual approaches, supported by secondary evidence from OSS-RBA implementation studies in several West Java localities. The study identifies five major problems: the need to harmonize regulations and central-local delegation instruments; an insufficiently explicit chain of accountability for digital decisions and service disruptions; uneven user and administrative capacity; challenges in data interoperability, business classification, spatial planning, and environmental requirements; and risk-based supervision that must balance easier licensing. From an administrative-law perspective, these issues directly concern the principles of legal certainty, due care, openness, non-abuse of authority, public interest, and good service. The study concludes that licensing reform in West Java should prioritize regulatory harmonization, measurable allocation of responsibilities, assisted digital services, auditable decision trails, stronger complaint and administrative-remedy mechanisms, and supervision proportionate to business risk.
IMPLEMENTATION OF THE GENERAL PRINCIPLES OF GOOD GOVERNANCE IN GOVERNMENT ADMINISTRATION IN WEST JAVA Taty Sugiarti
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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This study examines the implementation of the General Principles of Good Governance in government administration in West Java, with particular emphasis on identifying implementation challenges and formulating recommendations for improvement. The research employs a normative-empirical legal research method by combining an analysis of relevant laws and regulations, legal principles, and administrative law doctrines with an examination of their application in governmental practice. The findings indicate that the implementation of the General Principles of Good Governance in West Java has not been fully effective, as several obstacles remain in translating normative standards into consistent administrative practices. These challenges may affect the quality, accountability, legal certainty, and fairness of government decision-making and administrative actions. Therefore, strengthening the application of good governance principles requires improvements in administrative procedures, institutional capacity, regulatory compliance, and the consistency of public officials in exercising governmental authority. This study recommends strengthening institutional mechanisms and administrative practices to ensure that the General Principles of Good Governance are effectively incorporated into government administration in West Java.
Co-Authors Berna Sudjana Ermaya