Government Liability for Electronic-Based Government System Failures under Administrative Law : Tanggung Gugat Pemerintah atas Kegagalan Sistem Pemerintahan Berbasis Elektronik dalam Hukum Administrasi

Yonatan Siahaan, Aprian

Mendapo: Journal of Administrative Law
Vol. 7 No. 3 (2026): (2026) (In Progres)

The implementation of the Electronic-Based Government System has transformed the delivery of public services while simultaneously expanding the government's legal obligations to ensure secure, reliable, and accountable digital governance. Nevertheless, recurring failures of electronic government systems have caused significant disruptions to public services and legal uncertainty regarding their qualification as governmental acts and the corresponding model of administrative liability. This study aims to examine the legal qualification of Electronic-Based Government System failures as governmental factual acts and to formulate the appropriate model of administrative liability under Indonesian Administrative Law. This normative legal research employs statutory, conceptual, and case approaches by analyzing legislation governing public administration, electronic systems, public services, personal data protection, and relevant administrative court decisions. The novelty of this study lies in three aspects: first, positioning failures of the Electronic-Based Government System as governmental factual acts (omission) subject to judicial review before the Administrative Court; second, establishing legal parameters for determining administrative unlawfulness based on statutory obligations and the General Principles of Good Governance; and third, developing an administrative liability framework through the doctrines of faute de service, faute personnelle, and cumul to determine institutional and personal responsibility. The findings demonstrate that failures of the Electronic-Based Government System constitute governmental factual acts when they result from administrative negligence in fulfilling statutory duties and the General Principles of Good Governance. Consequently, administrative liability is determined according to the source of fault, allowing responsibility to be imposed upon government institutions, individual public officials, or both, thereby strengthening legal accountability and judicial protection within Indonesia's digital public administration.