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Muh. Ali Masnun
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alimasnun@unesa.ac.id
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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,
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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
 1   2 
Judicial Activism on Indonesia’s Constitutional Court Verdict on the Judicial Review of Job Creation Bills Number 6 of 2023 Dhani Erwansyah, Reyman; Senja Virawan, M. Rizqi
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.v1i02.39279

Abstract

A rule of law country is known by emphasizing the existence of separation of powers concept which is divided into the legislative, executive, and judicial powers or what is commonly referred to as judicial power. Constitutional courts are one of the manifestations of the judicial power with rights to keeping the dignity and supremacy of the constitution. Constitutional court’s judges had the right to take any actions to ensure the supremacy of the constitution is up held. Which the way is we knew as judicial activism. The practice of judicial activism commonly known and flourishes in countries with Anglo-Saxon traditions such as United States and United Kingdom. Judicial activism defined as a judicial behaviour where judges proactively interpret existing legal norms due to constitutional issues, especially in the context to uphold the constitutional supremacy. The methodology of this research is normative which is analysing how is applied in Indonesia particularly through the Indonesia’s Constitutional Court Verdict 168/PUU-XXI/2023 regarding the judicial review of Job Creation Bills Number 6 of 2023.
Legal Politics in Regional Oil and Gas Governance: Toward Sustainable Regulation Prasetio, Dicky Eko; Subagyo, Ridwan Arma; Saputro, Oky Sapto Mugi; Baxadirovna, Bazarova Dildora
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): 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.v1i01.39879

Abstract

Oil and gas exploration and exploitation in Bojonegoro Regency actually creates problems in the form of the absence of statutory regulations that accommodate legal developments and community needs. This research aims to formulate a political, legal and policy orientation so that oil and gas exploration and exploitation in Bojonegoro Regency can provide optimal benefits for the community and is in line with sustainable development. This research is socio-legal or interdisciplinary legal research which examines legal aspects normatively accompanied by analysis based on policy theory. The research results show that the legal implications of the absence of updates to statutory regulations relating to oil and gas exploration and exploitation in Bojonegoro Regency are that philosophically, sociologically and juridically they lack legitimacy and tend to be difficult to implement due to the complexity of the community's legal needs, especially after the passing of the Ciptaker Law. Legal politics related to oil and gas exploration and exploitation in Bojonegoro Regency, namely the need for legal products that are responsive, ecological and progressive in character so that they can be implemented through various policies that are able to make oil and gas exploration and exploitation in Bojonegoro Regency a success as well as the need for revisions to Regional Regulations and Regent Regulations so that in line with the substance of the Ciptaker Law and adapted to actual legal needs in the Bojonegoro community. Keywords: Exploration; Exploitation; Policy; Oil and Gas; Legal Politics.
The Changing of Recognition Patterns for Indigenous Legal Communities in Indonesia's Legal System Kusuma, Febrian; Hermawan, Sapto
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): 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.v1i01.40307

Abstract

Indigenous peoples' constitutional rights recognition is closely related to the struggle for Human Rights. Although Indonesia has thousands of indigenous communities that have been recognized since the colonial era, the legal issue of identifying the identity of indigenous peoples as legitimate citizens is still ongoing. This problem arises with the absence of definite indicators in the constitution that can be used to describe the resolution of indigenous peoples clearly. This article aims to examine the consistency of the mechanism for recognizing the rights of indigenous peoples in the Draft Law on Indigenous Peoples with the principles of Good Legal Formulation. The research was conducted using doctrinal research methods. The conceptual and regulatory approaches were used to find the construction of the ideal legal form in guaranteeing the rights of indigenous peoples. The eight principles of legality are the basis for building legal arguments in ensuring that the Draft Law on Indigenous Peoples has been made following the principles of Good Legal Formulation. The results of the study show that there are still weaknesses in the procedure for recognizing indigenous peoples that have the potential to harm these communities, thereby causing social change. From these findings, it can be concluded that the government needs to review the indicators and procedures used to obtain constitutive recognition for indigenous peoples. This research will have a significant impact on the provision of constitutional rights and improving the standard of living of indigenous peoples in Indonesia.
A Comparative Analysis of Asset Forfeiture Regulations in Criminal Offenses: The Case of Indonesia, the United Kingdom, and New Zea-land Santosa, Zamroati Tsalisa; Muh. Ali Masnun; Konara, Thamasi
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): 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.v1i01.40721

Abstract

Corruption is a type of crime driven by economic motives because it has a negative impact on a country’s economic activities and financial stability. In Indonesia, corruption is an ongoing issue that must be eradicated. This is due to the fact that the financial losses suffered by the state as a result of corruption are enormous. However, the amount of recovered losses is not proportional to the losses themselves. Based on this, efforts are needed to recover state losses, one of which is through asset forfeiture. This study aims to analyze the existing regulation of asset forfeiture related to criminal offenses in Indonesia and to compare the legal frameworks for asset forfeiture between Indonesia, the United Kingdom, and New Zealand. This study uses normative legal research methods. The research approach applied includes statutory, conceptual, and comparative approaches. Data collection techniques were conducted through literature review, while the analysis technique used is prescriptive qualitative analysis. The results of the study show that the existing regulations on asset forfeiture in Indonesia are governed by various laws and regulations. The asset forfeiture mechanism adopted by Indonesia is in personam asset forfeiture. Meanwhile, the United Kingdom and New Zealand have added in rem asset forfeiture mechanism to their legal systems. In conclusion, Indonesia’s current regulation, which still relies on in personam asset forfeiture, is not yet sufficiently effective in recovering state losses caused by corruption
JURIDICAL REVIEW OF REGIONAL HEAD ELECTION CAMPAIGNS IN UNIVERSITIES Belladina Putri Aryani Kusnandar; Hananto Widodo; Widodo Partono
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.v1i02.41272

Abstract

The prohibition in the Regional Head Election campaign has actually been regulated in Article 69 letter i of Law Number 1 of 2015 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. In line with the time, there was an application for judicial review of the article a quo in which the Plaintiffs argued that they suffered constitutional losses. The constitutional judge granted the Petitioners' petition in its entirety through the Constitutional Court Decision Number 69/PUU-XXII/2024. The purpose of this study is to analyze and describe the racio dacidendi of the constitutional judge who granted the Petitioners' petition in its entirety along with the legal consequences of the Regional Head Election campaign in higher education. The type of research used in this research is normative juridical research with a research approach, namely a statute approach, case approach, and conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. The results of this study show that constitutional judges use historical (original) interpretation. However, the existence of the decision a quo actually creates a norm conflict with Article 8 paragraph (1) of Law Number 12 of 2012 concerning Higher Education. In addition, there are also violations of the principles stipulated in Article 3 of Law No. 12 of 2012, namely the principle of benefit, the principle of virtue, and the principle of responsibility. There are suggestions from researchers as a form of recommendation, namely the Constitutional Court needs to encourage the House of Representatives as the legislator to immediately revise the Regional Head Election Law to ensure legal certainty and also emphasize the importance of protecting the academic community from the potential influence of practical politics in the university environment and the House of Representatives needs to immediately revise the Pilkada Law to be in line with the Constitutional Court Decision No. 69/PUU-XXII/2024. Keywords: Campaign, Regional Head Elections, Constitutional Court Decision, Higher Education, Academic Community.
Legal Aspects of Election Participation For Persons With Limited Dual Citizenship Status Haqqi, Nazheev Ilmi; Aris , Mohammad Syaiful
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Limited dual citizenship is a status given to someone who has 2 citizenships for a limited time. Limited dual citizenship is regulated in article 6 of Law Number 12 of 2006. Limited dual citizenship status is now owned by many people in Indonesia, one of which is due to intermarriage. The final limit for a person to determine their citizenship is 21 years of age. Remembering that citizenship status is something that cannot be separated from the name of rights and obligations. So regarding limited dual citizenship it involves many things regarding rules and prohibitions, but regarding what rights are obtained when someone still holds limited dual citizenship status. There are many kinds of rights that should be obtained by people who are citizens, especially Indonesian citizens, such as economic rights, educational rights and political rights. However, someone who has limited dual citizenship status does not necessarily get these rights, especially political rights which are closely related to constitutional affairs. Dual citizenship is limited as a temporary citizenship status. It is necessary to know what the limitations are while still holding that status using theoretical and comparative methods.

Page 2 of 2 | Total Record : 16

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