Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Lex Journal : Kajian Hukum dan Keadilan
Aminuddin Kasim
Faculty of Law, University of Tadulako, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Restructuring the Ministry of Law and Human Rights: Between Legal Certainty and the Good Governance Paradigm Fitriana Anas; Aminuddin Kasim; Imran
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12481

Abstract

This study analyzes the legal implications of the restructuring for good governance and formulates an ideal institutional model. It employs normative legal research using statutory, conceptual, and institutional approaches. Legal materials are analyzed prescriptively based on legality, legal certainty, due care, proportionality, effectiveness, efficiency, accountability, and the public interest. Findings indicate that the restructuring has a legal basis within the President’s authority to organize state ministries. Substantively, however, it creates fragmented authority, overlapping functions, legal uncertainty during the transition, duplication of supporting structures, increased budgetary burdens, and longer coordination chains. It may also undermine the civil service merit system and public service quality if it is not accompanied by a clear allocation of authority, transitional regulations, and standard operating procedures. The formation of an excessively large cabinet without objectively demonstrated needs may be inconsistent with proportionality, effectiveness, and efficiency. Institutional reform should therefore be based on needs assessments, workload analysis, fiscal capacity, policy continuity, and a commitment to strengthening legal protection and public services. This study concludes that law and human rights affairs should be reintegrated into a single ministry, while immigration and corrections should remain under a separate ministry supported by binding, accountable coordination mechanisms to promote good governance.
The President's Authoritarian Decree on the Appointment of Provincial Regional Secretaries Aminuddin Kasim; Naharuddin
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12750

Abstract

This article examines the controversial presidential decision regarding the appointment of a high-ranking official—specifically, the Secretary of Central Sulawesi Province—through Presidential Decree No. 146/TPA of 2022. The study focuses on the legal and administrative implications of the President’s choice, which allegedly ignored the recommendation from the regional government, despite the legal provision requiring consideration of such input. Using a normative juridical approach, the article critically analyzes the legal framework governing civil servant appointments, especially Article 126 paragraph (3) of Government Regulation No. 11/2017 as amended by PP No. 17/2020, and Presidential Regulation No. 177/2014. The analysis reveals a pattern of authoritarian tendencies in central government decision-making, disregarding procedural norms and merit-based considerations. The article also compares similar disputes in East Kalimantan and Papua provinces, where presidential decisions on high-ranking civil servant appointments were resisted by regional heads, resulting in governance conflicts and administrative discomfort. This paper argues that the failure to respect the input of regional “Pejabat Pembina Kepegawaian (PPK)” undermines decentralization principles and creates governance disharmony. The study highlights the urgent need for reforms to ensure the President’s discretion in appointments is balanced with transparent and participatory mechanisms aligned with democratic values.
Co-Authors Fitriana Anas Imran Naharuddin