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Muh. Ali Masnun
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alimasnun@unesa.ac.id
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+628563680211
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ijalgov@unesa.ac.id
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Faculty of Law, Universitas Negeri Surabaya Jl. Ketintang Gedung F01.02.04, Ketintang, Gayungan, Kota SBY, Jawa Timur 60231
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Kota surabaya,
Jawa timur
INDONESIA
indonesian Journal of Administrative Law and Local Government (IJALGOV)
Published by Universitas Negeri Surabaya
ISSN : -     EISSN : 30908965     DOI : https://doi.org/10.26740/ijalgov
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 welcoming comparative and international perspectives. The journal covers a broad range of topics, including but not limited to: 1. Theories and principles of administrative law 2. Governance, rule of law, and administrative justice 3. Discretion, accountability, and oversight in public administration 4. Administrative courts and resolution of public law disputes 5. Decentralization, regional autonomy, and intergovernmental relations 6. Legal frameworks for local government and public institutions 7. Policy-making, regulation, and administrative discretion at the local level 8. Bureaucratic reform and innovations in local governance 9. Public service delivery and local government performance 10Legal review and evaluation of regional public policies This journal accepts original research articles, normative legal analyses, case studies, and critical reviews that contribute to academic and practical discourse on administrative law and the dynamics of local government. Contributions from interdisciplinary approaches that intersect with law, politics, and public administration are also encouraged.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 16 Documents
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Legal Implications of the Authority of Acting Regional Heads Based on Policy Regulations Widodo, Hananto; Prasetio, Dicky Eko; Subagyo, Ridwan Arma; Chemaming, Sunanta
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35774

Abstract

The expansion of the authority of acting regional heads following the enactment of Circular Letter (SE) Number 821/5492/SJ actually raises legal issues. The legal issues include the legal certainty of the Circular Letter, which is a policy regulation and not externally binding, and is in conflict with statutory regulations. This research focuses on the legal implications of the authority of acting regional heads to dismiss and transfer ASN based on legal products in the form of SE, where the authority of acting regional heads is based on Law No. 10 of 2016. This research is a normative legal study that emphasizes a conceptual and legislative approach. Research findings indicate that the existence of Circular Letter (SE) Number 821/5492/SJ, which expands the authority of acting regional heads, has implications that create legal uncertainty. The recommendation from this research is that amendments to Law Number 23 of 2014 are necessary to clearly regulate the authority of acting regional heads.
Legal Culture of State Officials Regarding Violations of the Code of Ethics in the East Java Regional Police Wirawan, Hendra; Koesbardiati, Toetik; Sutinah, Sutinah
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35818

Abstract

The police code of ethics is a set of behavioral rules that regulate the maintenance of the integrity and professionalism of the police institution. In practice, there are violations of the code of ethics by police officers, which can tarnish the professionalism of the police institution. This research focuses on ethical code violations that occur at the East Java Regional Police. This research is an empirical legal study with primary data in the form of interviews and secondary data including journal articles, books, and legislation. The research results show that the command law culture, which has been internalized by every member of the National Police in East Java Regional Police, is such that if higher-ranking police officers do not adhere to the code of ethics, this behavior is also followed by lower-ranking police officers. The influential factor related to code of ethics violations in East Java Regional Police is the leadership style of superiors, which is one of the reasons for the continued code of ethics violations by lower-ranking police officers due to their disagreement with the decisions made by their superiors. The recommendation of this research is that there needs to be exemplary behavior from superiors to ensure that members can adhere to the police code of ethics, thereby creating a culture of law that complies with the code of ethics for police officers. Additionally, the cultivation of a responsive and accommodative leadership style is necessary so that superiors can become wiser in giving directions or orders to subordinates.
The Urgency of Budget Independence for the Constitutional Court in Strengthening the Independence of the Judiciary Ilyas, Adam; Sinaga, Paulus Rudy Calvin
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35850

Abstract

This study analyzes the importance of budgetary independence for Indonesia’s Constitutional Court (Mahkamah Konstitusi or MK) to strengthen its independence as a judicial institution. Budgetary independence is deemed essential for MK to perform its functions without political pressure or intervention from the executive and legislative branches. This research employs a normative legal method with a descriptive-analytical approach to examine relevant regulations, legal literature, and international practices related to budgetary independence for constitutional courts. The results show that budgetary independence plays a significant role in enhancing operational flexibility, safeguarding institutional autonomy, and strengthening MK’s credibility in the public eye. With an independent budget, MK can allocate resources according to its needs without political influence. This study also provides strategic recommendations, such as the formulation of specific policies, the establishment of an independent oversight body, a special budget model, and capacity-building for MK’s financial management. These recommendations are expected to support a more independent and accountable judicial system. Budgetary independence will enable MK to perform its duties effectively and uphold its integrity as a neutral guardian of the constitution.
The Integration of Customary Law within the Framework of Indonesia’s Constitutional Law in a Plural Society Lestari, Sabrina Dwi; Kit, Abel Yap Shun
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35852

Abstract

Indonesia has a national motto "Bhinneka Tunggal Ika", which can be interpreted as "different but still one". The motto reflects the diversity of Indonesian people including ethnicity, religion, race, intergroup (SARA), culture, and language. Since ancient times and the days of the Polynesian Malays, this diversity has existed as a result of differences in descent, place of residence, as well as the inclusion of religious and cultural influences mixed with local indigenous cultures throughout Indonesia. With diversity, the development of human life begins continuously until it creates a habit. Over time, this habit becomes a "custom" originating from the local community. The custom should apply to all members of the community as a legal identity. Therefore, "customary law" was created which is a product of the rules of human habits in social life. With customary law, we will understand more about Indonesian legal culture. The purpose of writing this article is to find out more about the relationship between customary law and the people of Indonesia, who are diverse. The research creates a result that shows that there is a bound relationship between customary law and Indonesian society.
Structure and Classification of Legal Norms: Institutional Challenges in Law Making Murtadho, Nazhif Ali; Reni Andreyani; Ryszhard Ken Sakti; Nizar Rahmatullah; Yusya Rugaya Salsabilah; Watae, Suleman
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35853

Abstract

This research analyzes how the institutional testing of legal norms in Indonesia, specifically discussing the institutional problems. This research is a normative legal study with the approaches used being the statutory approach and the conceptual approach. The study results indicate that several issues, including the arrangement, structuring, classification of norms, and how to regulate the hierarchy of legal norms, have been identified. Legal norms are fundamentally very close to the values believed by society, but the strength of the law's enforceability has not yet been able to detach itself from the institutional power, so law, society, and power are elements of a social order. Therefore, law should not only be understood as a norm that guarantees satisfaction and justice but also must be viewed from the perspective of justice and utility. The conclusion of this research is that legal norms essentially begin with planning, preparation, drafting techniques, formulation, discussion, approval, promulgation, and dissemination.
Water as a Fundamental Right: State Responsibilities and Regional Water Supply System Solutions Ali Masnun, Muh.; Noviyanti, Noviyanti; Santoso, Irwan Bagyo; Wedhatami, Bayangsari; Abiyoga, Adrianus
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35854

Abstract

Management of water resources in Indonesia must actually be based on constitutional provisions which seek to guarantee the fulfillment of the right to water for the community in realizing prosperity. This research aims at the position of PT AB East Java (Perseroda) being given authority and responsibility in managing Probolajang Regional SPAM, in accordance with applicable laws and regulations. This research is normative legal research with an analytical and statutory approach. The research results confirm that the management of water resources in Indonesia is constitutionally subject to the provisions of Article 33 of the 1945 Constitution of the Republic of Indonesia where the state has the authority to regulate, manage, implement policies, and supervise the management of water resources. This has implications for the management of water resources by Regional Companies (Perseroda) which must balance between a profit-based orientation and the provision of public services in the form of providing adequate and quality water resources for the community. PT AB East Java, which has the status of a Regional Company (Perseroda), is an entity owned by the Regional Government of East Java Province which is not only focused on public services but also on achieving profitability.
The Ethical Approach in Assessing the Legitimacy of Constitutional Court Decisions: Urgency and Orientation Fathorrahman, Fathorrahman; Rambe, Muhammad Juang; Fahmi, Agung Ali
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36462

Abstract

This study examines the importance of ethics as a formal parameter in assessing the validity of Constitutional Court (MK) decisions in Indonesia. The final and binding nature of MK decisions often raises debates regarding absolute power without adequate control mechanisms, especially in the context of ethical violations. This research explores deontological ethics and procedural justice as the basis for analysis, as well as several controversial MK decisions related to ethical issues. This research is a normative legal study that emphasizes a conceptual and statutory approach. The results show that integrating ethics into the assessment of MK decisions can enhance the legitimacy of constitutional justice and ensure more substantive justice. Therefore, this study recommends reformulating the legal framework to incorporate ethics as a key component in the validity assessment process.
The Existence of the Papuan People's Assembly in Special Autonomy: A Comparative Legal Study Between Indonesia and France Barokah, Khiswatul; Denaryo, Redemptus; Serafim, Gladysta Viola; Lutfiana, Sabrina Amaliya; Susmayanti, Riana
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36519

Abstract

Article 18B paragraph (1) of the 1945 Constitution provides an explanation regarding the birth of an asymmetrical decentralization policy or the granting of special autonomy to a region in Indonesia. This special autonomy is given to several regions in Indonesia, one of which is Papua through Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In carrying out the implementation of special autonomy in Papua, the Majelis Rakyat Papua (MRP) was formed which is a cultural representation of indigenous Papuans as regulated in PP No. 64 of 2008 concerning MRP. In this case, there are many challenges faced by the MRP to foster justice for the Papuan people. This research is a type of normative juridical research with statutory, comparative law, and case approach methods. Primary, secondary, and tertiary legal materials are analyzed using systematic interpretation techniques. Based on the results of the research, to solve the existing problems, a legal comparison can be made with the French state which also provides special autonomy to the New Caledonia region which has a representative institution such as the MRP.
The Expansion of the Absolute Competence of Administrative Courts: A Comparative Legal Study with the French Conseil d'État Al’anam, Muklis; Ramli, Lanny; Hemsanit, Natyama
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36520

Abstract

The development of legal science is very rapid, especially in the aspect of administrative law as the first law enforcement part of other laws. So that in the theory of administrative law is inseparable from human rights, therefore the State Administrative Court is very narrow in its authority in terms of competence in handling administrative cases. Meanwhile, the Conseil d'État, which is the French administrative court, has the authority that all government actions can be disputed at the Conseil d'État. So with the concept of the idea, this research uses normative research methods with a statutory approach, conceptual approach, and comparative approach. This research examines the concept of the competence of the Conseil d'État as a measure of the expansion of competence by the Indonesian state administrative court. Thus this research will conclude the idea that it is important to amend Law No. 51/2009 on State Administrative Courts and also Article 87 of Law No. 30/2014 on Government Administration which has an open norm regarding the concept of factual actions.
Circular Letters as Social Engineering: The Authority of the East Java Provincial Government in Preventing Child Marriage Hamidah, Barorotun Niswah Nur; Azizah, Arlinda Nur; Syed Ali, Sharifah Nur Ilham
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36542

Abstract

This research examines the authority of East Java's provincial government in issuing a circular letter as a tool for social engineering to mitigate child marriages. Using normative-prescriptive methods, the study incorporates a conceptual and statutory approach with primary, secondary, and tertiary legal materials. The findings indicate that the circular letter serves as a policy instrument influencing public behavior to reduce child marriages. However, its substance, which binds external parties, suggests that a formal legal regulation, such as a regional or gubernatorial regulation, would be more appropriate. The study recommends the development of comprehensive legal frameworks harmonized across provincial and municipal levels, emphasizing the critical role of collaboration in addressing child marriage through legally binding and coordinated efforts. This approach aligns with the objective of safeguarding children's rights while ensuring effective policy implementation across the region.

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