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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,
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 20 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
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.
The Principle of Erga Omnes and Legal Certainty in the Execution of Administrative Court Decisions -, Maalikatussofa; Muh. Ali Masnun; Hidayatullah, Fahri
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 1 (2026): 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.v3i1.50567

Abstract

This study analyzes the binding force of Administrative Court decisions on administrative bodies that are not formally parties to the dispute, as well as the legal implications of non-compliance with these decisions on the certainty of the employment status of civil servants. The research method used is normative legal analysis with a regulatory, conceptual, and case-based approach. The results of the study show that PTUN decisions that have permanent legal force are res judicata and have erga omnes binding force, thereby creating a normative obligation for all administrative authorities to implement them, even if they were not directly involved in the litigation process. Ignoring these decisions creates legal uncertainty that is contrary to the principle of legal certainty in the General Principles of Good Governance. This finding emphasizes the importance of progressive interpretation of the binding force of administrative court decisions and encourages administrative authorities to comply with decisions that have permanent legal force and provide legal mechanisms for aggrieved parties to effectively demand legal certainty.
Governmental Authority in Revoking Conservation Business Licenses: A Case Study of the PT Rimba Raya Dispute Pramudita, Alfi
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 2 (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.v2i2.39566

Abstract

Revocation of business licenses is an administrative legal action taken by the government as a form of supervision of business activities that no longer meet the requirements or violate laws and regulations. The decision to revoke a license that is made without considering the principles of legality and general principles of good governance (AUPB) can lead to legal disputes that end in lawsuits at the State Administrative Court (PTUN). Therefore, the government ensures that the revocation of business licenses is carried out in accordance with applicable legal provisions, by considering principles such as the principles of justice, legal certainty, benefits for the community, etc. The case of PT Rimba Raya Conservation vs KLHK is a relevant example in considering the importance of implementing AUPB. In this case, the revocation of a business license gave rise to a lawsuit at the PTUN because it was considered not to follow transparent procedures and without a clear legal basis. This shows that every state administrative action must be based on clear procedures to avoid legal disputes. This study aims to analyze the government's authority in revoking business licenses, the underlying legal basis, and how the AUPB is applied in decisions to revoke licenses. This study uses a normative legal method with a statutory approach and case studies to identify problems that arise in the revocation of business licenses. The results of the study indicate that the revocation of business licenses must be carried out transparently, based on clear authority and legal basis, and provide space for license holders to submit objections. Thus, the license revocation policy can reflect legal certainty.
Legal Uncertainty in the Establishment of Danantara: A Critical Legal Analysis Aditya, Maudy Dea
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 2 (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.v2i2.39570

Abstract

The establishment of the State Investment Agency (Danantara) is a strategic step taken by the Indonesian government to improve the effectiveness and efficiency of state investment management. The main objective of establishing Danantara is to optimise national investment potential and promote long-term sustainable economic growth. However, in its implementation, Danantara faces significant challenges, especially in the legal and regulatory aspects. One of the main challenges is the potential overlap of authority with other institutions such as State-Owned Enterprises (SOEs), the Ministry of Finance, and other investment management entities. The urgency of writing this article lies in the importance of in-depth analysis of the regulations governing Danantara in order to avoid institutional conflicts and ensure transparent, accountable, effective, and efficient investment governance. The method used is normative legal research with a juridical approach, based on literature study and legal document analysis. The results show the need for regulatory harmonisation and strengthening of supervisory mechanisms so that Danantara can function optimally within a clear, coordinated and integrated national legal framework.
Unlawful Acts of Governance: Characteristics and Limits of Discretion Al'anam, Muklis; Lolita Fitriyana; Luthfillah Arrizqi Zainsyah
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 2 (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.v2i2.45781

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.
The Analysis of the Disharmonization of Institutional Authority in Regional Financial Oversight Dhea Nisa Arinanda; Ali Masnun, Muh.; Dwiyani, Alfiani
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 2 (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.v2i2.51343

Abstract

This study aims to analyze the disharmonization of institutional authority in regional financial supervision and its implications for the effectiveness of oversight mechanisms. In many regional governance systems, financial supervision is carried out by multiple institutions with different legal bases, mandates, and scopes of authority. However, the absence of clear coordination frameworks and the overlap of institutional functions often create disharmony in the exercise of supervisory authority. This research focuses on identifying the forms and causes of such disharmonization, particularly in relation to overlapping mandates, unclear division of responsibilities, and inconsistencies in regulatory arrangements governing regional financial supervision. Using a normative and analytical approach, this study examines relevant laws, regulations, and institutional practices that shape the structure of regional financial oversight. The findings indicate that institutional disharmonization leads to fragmented supervision, duplication of control functions, and gaps in monitoring processes, which ultimately weaken the effectiveness of regional financial supervision. In addition, disharmonized authority tends to create uncertainty among supervisory institutions, reduce institutional accountability, and limit the ability of oversight bodies to respond effectively to financial irregularities. This condition also undermines the consistency of supervisory standards and weakens the overall integrity of the regional financial management system. The study concludes that institutional harmonization is essential to strengthen regional financial supervision, requiring clearer legal frameworks, precise delineation of authority, and improved coordination among supervisory institutions. Addressing institutional disharmonization is therefore a key prerequisite for enhancing the effectiveness and coherence of regional financial oversight. Keywords: Disharmonization, Authority, Oversight, Governance, Regional Finance

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