Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

Government Discretionary Authority: Legal Framework and Control Mechanisms in Indonesian Administrative Law

Thio, Ricky (Unknown)
Wagiman, Wagiman (Unknown)
Sibuea, Hotma Pardomuan (Unknown)
Khalimi, Khalimi (Unknown)



Article Info

Publish Date
21 Nov 2024

Abstract

This study examines the legal framework and control mechanisms governing government discretionary authority within Indonesian Administrative Law. The research addresses the fundamental challenge of balancing administrative flexibility with legal accountability in the exercise of discretionary power.The research aims to analyze the legal parameters of governmental discretion, examine accountability mechanisms, and evaluate control systems in preventing abuse of authority. This study employs a normative juridical method, utilizing statutory, case law, and conceptual approaches through analysis of legislation, court decisions, and administrative law doctrines.The findings demonstrate that governmental discretion must operate within clear legal boundaries established by administrative law principles and systematic accountability mechanisms aligned with good governance principles. The research reveals significant regulatory gaps in the current framework, particularly in establishing preventive measures against authority abuse. The study identifies the need for strengthened institutional oversight mechanisms while maintaining administrative efficiency.This research contributes to administrative law scholarship by providing analysis of discretionary power boundaries and proposing enhanced control mechanisms that combine legal instruments with monitoring systems in Indonesia's administrative law framework.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...