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Penyelenggaraan Otonomi Daerah Di Indonesia Pasca Reformasi Suhardi, Muhammad
SOLID Vol 13, No 1 (2023)
Publisher : Universitas Teknologi Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35200/solid.v13i1.732

Abstract

Abstract - This writing is intended to examine and analyze the administration of local government post-reform in Indonesia. It constitutes normative prescriptive research, seeking arguments based on research findings to assess what is right or wrong according to the law. Utilizing the concepts of reform, decentralization, and regional autonomy as analytical tools, the results indicate that the central government's policies towards the administration of local government post-reform have experienced fluctuations. This implies that when the central government's position is weak, substantial authority is granted to local authorities, whereas conversely, when the central government's position is strong, authority previously delegated to local entities is gradually retracted. Keywords:  Autonomy; Region; Indonesia; Reform
Pertanggungjawaban Pemerintah Terhadap Keputusan Yang Menimbulkan Kerugian Suhardi, Muhammad
SOLID Vol 14, No 2 (2024)
Publisher : Universitas Teknologi Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35200/solid.v14i2.756

Abstract

Abstrak – Dalam negara hukum setiap perbuatan penyelenggara negara harus didasarkan pada peraturan perundang-undangan sehingga bisa dipertanggungjawabkan terhadap semua pihak yang merasa dirugikan atau menganggap bahwa Tindakan pemerintah tersebut dianggap melawan hukum. Pertanggungjawaban pemerintah  terhadap Keputusan yang dikeluarkan sangat ditentukan apakah Keputusan  tersebut menimbulkan kerugian atau tidak bagi Masyarakat / badan hukum perdata  yang diukur dengan peraturan perundang-undangan   dan Asas-asas umum pemerintahan yang baik (AAUPB). Terhadap Keputusan yang menimbulkan kerugian  pemerintah/ pejabat  tata usaha negara harus mampu mempertanggungjawabkan nya secara materiel maupun immaterial baik vonis Pengadilan yang dibebankan  kepada Lembaga negara maupun kepada pejabat TUN secara personal. Kata kunci: Pertanggungjawaban pemerintah; TUN; AAUPB; Keputusan Abstract - In a state governed by the rule of law, every action taken by state administrators must be based on legislation so that it can be held accountable to all parties who feel harmed or consider the government's actions to be unlawful. The government's accountability for decisions issued is largely determined by whether or not those decisions cause harm to the public or private legal entities, measured against legislation and the General Principles of Good Governance (AAUPB). For decisions that result in harm, the government or state administrative officials (TUN) must be able to account for them both materially and immaterially, whether through court rulings imposed on state institutions or on TUN officials personally. Keywords: Government accountability; TUN; AAUPB; Decision
Pertanggungjawaban Pemerintah Dalam Mengeluarkan Keputusan Yang Menimbulkan Kerugian Suhardi, Muhammad
SOLID Vol 13, No 2 (2023)
Publisher : Universitas Teknologi Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35200/solid.v13i2.733

Abstract

Abstract - This article is intended to study and examine how the government is accountable for issuing decisions that cause harm. This is prescriptive normative research, namely looking for arguments based on research results in providing an assessment of what is right and wrong according to the law. Using the concept of government accountability within the framework of a rule of law with the principle of legality as the knife of analysis. The result is that the government's accountability for decisions that cause losses has not met expectations due to various constraints and obstacles. Keywords:  Government; Decision; Loss; Accountability
STATE RESPONSIBILITY IN PERSONAL DATA PROTECTION WITHIN THE ELECTRONIC-BASED GOVERNMENT SYSTEM Muhammad Suhardi
Jurnal Kecerdasan Buatan dan Teknologi Informasi Vol. 4 No. 3 (2025): September 2025
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/jkbti.v4i3.458

Abstract

This study examines the responsibility of the state in protecting personal data within Indonesia’s Electronic-Based Government System. The objective is to analyze the legal obligations of government institutions as personal data controllers in digital public services and to formulate a normative framework that integrates the Personal Data Protection Law, SPBE governance, and the protection of citizens’ constitutional rights. This research employs a qualitative legal method with a normative-juridical and conceptual approach. Data were collected through documentary study of Indonesian legal instruments concerning personal data protection, public services, government administration, electronic systems, and electronic-based government, supported by relevant scholarly literature on data governance and digital public administration. The findings show that Indonesia already has an important legal foundation for personal data protection and digital government, but the Personal Data Protection Law and SPBE framework have not yet been fully integrated. This regulatory fragmentation creates risks related to unclear institutional responsibility, excessive data processing, weak citizen notification, inaccurate data use, data breaches, and limited remedies. The study proposes the concept of the state as a constitutional data controller, meaning that government responsibility extends beyond technical compliance toward the protection of privacy, dignity, legal certainty, equality, and access to public services. This study contributes to strengthening a rights-based model of SPBE in Indonesia.
REGULATORY MODEL OF ARTIFICIAL INTELLIGENCE IN DIGITAL GOVERNMENT: BETWEEN SOFT LAW, ETHICS, AND THE NEED FOR BINDING LAW IN INDONESIA Muhammad Suhardi
Jurnal Kecerdasan Buatan dan Teknologi Informasi Vol. 5 No. 1 (2026): January 2026
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/jkbti.v5i1.460

Abstract

This study examines the regulatory model of Artificial Intelligence (AI) in Indonesia’s digital government, focusing on the relationship between ethical guidelines, soft law, and the need for binding legal regulation. The objective is to analyze the legal limitations of Indonesia’s AI Ethics Circular Letter and to formulate a stronger regulatory framework for AI use in public administration. This research employs a qualitative legal method with normative-juridical, conceptual, and regulatory-comparative approaches. Data were collected through documentary study of Indonesian legal instruments, including the AI Ethics Circular Letter, the Personal Data Protection Law, and the Electronic-Based Government System framework, supported by scholarly literature on AI regulation, soft law, public-sector AI governance, and administrative accountability. The findings show that Indonesia’s current AI governance remains at an early and transitional stage. The AI Ethics Circular Letter provides an important ethical foundation, but it lacks binding obligations, risk classification, mandatory audit mechanisms, institutional liability, sanctions, and remedies for citizens affected by AI systems. This study proposes a hybrid regulatory model that combines ethical principles with binding legal rules, public-sector-specific obligations, sectoral standards, institutional supervision, and accessible remedies. The study contributes to the development of rights-based and accountability-oriented AI governance in Indonesia’s digital government.
ALGORITHMIC TRANSPARENCY IN DIGITAL PUBLIC SERVICES: AN ADMINISTRATIVE LAW PERSPECTIVE Abdul Wahab; Muhammad Suhardi
Jurnal Kecerdasan Buatan dan Teknologi Informasi Vol. 5 No. 1 (2026): January 2026
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/jkbti.v5i1.461

Abstract

The increasing use of artificial intelligence and automated decision-making systems in digital public services has created new challenges for administrative law, particularly regarding transparency, accountability, and citizens’ procedural rights. This study examines algorithmic transparency as a legal obligation of government institutions in AI-based public service delivery. Using a normative juridical method with statutory, conceptual, and comparative approaches, this article analyses how the right to explanation can be constructed as part of administrative due process, reason-giving, and good administration. The findings show that the use of algorithmic systems does not reduce the government’s responsibility to provide lawful, reasonable, and reviewable decisions. Instead, the complexity of AI-based decision-making strengthens the need for meaningful explanations that are understandable, case-relevant, and useful for citizens affected by public decisions. This study argues that the right to explanation should not be limited to technical disclosure of algorithmic models, but should include information on whether AI was used, how it influenced the decision, what data and criteria were considered, and what remedies are available. The novelty of this article lies in positioning algorithmic transparency within the doctrinal framework of administrative law, rather than treating it solely as an ethical or technological issue. The study contributes to the development of accountable, citizen-centred, and legally grounded AI governance in digital public administration.
CYBERSECURITY GOVERNANCE IN ELECTRONIC-BASED GOVERNMENT SYSTEMS: AN ANALYSIS OF THE GOVERNMENT’S LEGAL RESPONSIBILITY FOR PUBLIC DATA BREACHES Erfan Wahyudi; Muhammad Suhardi
Jurnal Kecerdasan Buatan dan Teknologi Informasi Vol. 4 No. 3 (2025): September 2025
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/jkbti.v4i3.462

Abstract

The increasing digitalisation of public administration has made cybersecurity governance a central issue in electronic-based government systems. Public data breaches in government digital platforms are no longer merely technical incidents, but also raise questions of administrative responsibility, public service continuity, and citizens’ legal protection. This study examines the government’s legal responsibility for public data breaches within the framework of cybersecurity governance and electronic-based government systems. Using a normative juridical method with statutory, conceptual, and analytical approaches, this article analyses cybersecurity as part of the state’s duty to provide secure, reliable, and accountable digital public services. The findings show that government responsibility can be constructed through three layers: preventive responsibility, responsive responsibility, and restorative responsibility. Preventive responsibility requires risk-based cybersecurity standards, institutional coordination, security audits, and adequate backup systems. Responsive responsibility requires rapid incident detection, containment, reporting, and transparent public communication. Restorative responsibility requires service recovery, breach notification, institutional evaluation, and remedies for affected citizens. The novelty of this study lies in integrating cybersecurity governance, electronic-based government systems, and administrative-law responsibility into a single analytical framework. The study argues that public data protection is not only a technical obligation, but also a legal manifestation of due care, accountability, good administration, and public service responsibility. Therefore, cybersecurity governance must be positioned as an essential requirement for lawful, secure, and citizen-centred digital government.