indonesian Journal of Administrative Law and Local Government (IJALGOV)
Vol. 2 No. 2 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)

Unlawful Acts of Governance: Characteristics and Limits of Discretion

Al'anam, Muklis (Unknown)
Lolita Fitriyana (Unknown)
Luthfillah Arrizqi Zainsyah (Unknown)



Article Info

Publish Date
24 Oct 2025

Abstract

Unlawful acts by the government are one of the fundamental issues in administrative law that are closely related to the principles of legality and the rule of law. Every government action must essentially be based on lawful authority, but in practice there is room for the necessary use of discretion to fill legal gaps, resolve emergency situations, or provide more effective public services. The characteristics of illegal actions by the government can be seen in actions taken without legal basis, exceeding authority, abusing authority, or contradicting the principles of good governance (AUPB). Meanwhile, discretion has strict normative limitations, namely that it must be in accordance with the purpose of the authority granted, not conflict with laws and regulations, and take into account proportionality, accountability, and the protection of citizens' rights. So, the study of illegal government actions and the limits of discretion is important to maintain the principle of legal certainty while maintaining a balance between the effectiveness of government administration and the protection of people's rights.

Copyrights © 2025






Journal Info

Abbrev

ijalgov

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Administrative Law and Local Government is a peer-reviewed journal that publishes scholarly works focusing on the development, application, and critical especially evaluation of administrative law and local governance, particularly within the Indonesian context but also ...