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Intended to Fail: The Problems of Regulating and Reviewing Discretion in Indonesia (An Empirical Study) Heryansyah, Despan; Desmalinda
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13414

Abstract

In accordance with the principle of the rule of law (rechtstaat), all legal actions (rechtshandelingen) and/or factual actions (feitelijke handelingen) of government officials must be based on applicable laws and regulations. However, the increasing complexity of societal life means that not all public affairs are fully regulated. Existing regulations often contain vague or open norms that provide room for interpretation, thereby requiring the exercise of administrative discretion. While discretion is necessary to ensure effective governance, its use without clear requirements, objectives, and limitations may lead to arbitrary actions that harm the public, particularly when there is limited legal space to challenge or annul such decisions. To address this issue, Law Number 30 of 2014 on Government Administration establishes provisions regarding the requirements, procedures, objectives, and review mechanisms for government discretion. Nevertheless, the regulatory framework still contains several ambiguities, resulting in practical difficulties and uncertainty for government officials in exercising discretion as well as for judges of the Administrative Court (PTUN) in reviewing disputed discretionary decisions.
Establishing Autonomy and Responsibilities of Science Writers Abrar, Ana Nadhya; Putra, I Gusti Ngurah; Sukarno, Adam Wijoyo; Desmalinda, Desmalinda; Mirfath, Mirfath
Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia Vol. 8 No. 1 (2023): June 2023 - Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia
Publisher : Ikatan Sarjana Komunikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25008/jkiski.v8i1.769

Abstract

An important theme of science communication research is research on science article writers. However, not many scholars are interested in doing this research. Based on this fact, we conducted a research on the ideal position of a science article writer. It  turns out that he definition of science writer has changed in Indonesia. Quantitative content analysis of articles reported by The Conversation Indonesia during December 2021 found that the writerss motivated the public to understand and use scientific principles to meet their daily needs. The results of in-depth interviews with three prominent professors at Universitas Gadjah Mada confirm the same fact. They do not just tell the object of research in a certain context. This fact certainly needs to be imitated by other science writers. However, there is a basic recipe that must be practiced by other science writers. The practice of the recipe will make them autonomous and responsible to society. Thus, the article will explain the ways that can be taken to make it happen.