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Wellem Hendra Balubun
Fakultas Hukum, Universitas Caritas Indonesia

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PENYALAHGUNAAN WEWENANG OLEH PEJABAT PEMERINTAHAN DALAM PERSPEKTIF UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN Wellem Hendra Balubun; Billy Andre Tohatta
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.101

Abstract

The abuse of authority by government officials is an issue that potentially hinders the realization of good governance and the principles of the rule of law. In the conduct of government affairs, officials are granted authority to perform functions related to public service, development, and the regulation of societal life. However, the exercise of authority in a manner inconsistent with the purpose for which it was granted can lead to irregularities that harm both the public and the state. This research aims to analyze the concepts and forms of abuse of authority under Law Number 30 of 2014 concerning Government Administration; to examine the role of discretion and the General Principles of Good Governance in preventing such abuse; and to analyze state administrative oversight mechanisms for controlling and addressing the abuse of authority by government officials. The study employs a normative legal research method utilizing statutory, conceptual, and case-based approaches. Legal materials were gathered from legislation, books, scholarly journals, court rulings, and relevant administrative law doctrines. A qualitative analysis was conducted using a descriptive-analytical method. The findings indicate that, under the Government Administration Law, the abuse of authority encompasses acts of exceeding authority, mixing authorities, and acting arbitrarily. Discretion plays a crucial role as an instrument to ensure effective governance; however, its exercise must be constrained by the AUPB to prevent it from devolving into an abuse of authority. Furthermore, state administrative oversight—comprising internal supervision, external supervision, and judicial review by the State Administrative Court—plays a strategic role in preventing and addressing the abuse of authority. Consequently, strengthening oversight systems and implementing the principles of good governance are vital factors in realizing a government that is accountable, transparent, and oriented toward the public interest.
KONSTITUSIONALISME DIGITAL DALAM SISTEM DEMOKRASI INDONESIA: ANALISIS YURIDIS TERHADAP PENERAPAN E-VOTING PADA PEMILIHAN UMUM Wellem Hendra Balubun; Roberth Kurniawan Ruslak Hammar
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.104

Abstract

Digital transformation in governance has sparked discourse on implementing electronic voting (e-voting) as an alternative voting mechanism for elections in Indonesia. However, e-voting implementation involves not only technological aspects but also raises constitutional issues regarding the protection of citizens' rights, electoral integrity, and democratic legitimacy. This study aims to analyze the status of e-voting within the perspectives of digital constitutionalism and Indonesia's democratic system, examine the implications of its implementation for the protection of citizens' constitutional rights and electoral legitimacy, and formulate an ideal regulatory model for e-voting within Indonesia's constitutional framework. The study employs a normative legal research method utilizing statutory, conceptual, and comparative approaches. The findings indicate that e-voting is not inherently at odds with the 1945 Constitution of the Republic of Indonesia, provided it upholds the electoral principles of being direct, general, free, secret, honest, and fair, while also adhering to principles of digital constitutionalism—such as transparency, accountability, cybersecurity, personal data protection, and equal accessibility. While e-voting implementation offers the potential to enhance efficiency, accuracy, and voter participation, it also carries risks regarding constitutional rights violations, the digital divide, system security vulnerabilities, and diminished public trust if not adequately regulated. Therefore, an ideal e-voting regulatory model must be established through a comprehensive legal framework, independent oversight, transparent technology audits, robust personal data protection, and a phased implementation based on infrastructure readiness and public digital literacy. In this way, e-voting can serve as an instrument to strengthen digital democracy while remaining consistent with the principles of the rule of law and popular sovereignty in Indonesia.