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Muh. Ali Masnun
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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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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 28 Documents
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The Analysis of the Disharmonization of Institutional Authority in Regional Financial Oversight Dhea Nisa Arinanda; Muh. Ali Masnun; Alfiani Dwiyani
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
Reformulating the Legal and Institutional Mandate of BNPB in Disaster Mitigation Policy Ellectrananda Anugerah Ash-shidiqqi; Rindia Fanny Kusumaningtyas; Mutiara Dwi Sari
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.v2i01.46925

Abstract

Disaster mitigation in Indonesia requires a coherent and adaptive institutional framework capable of addressing the country’s high vulnerability to natural hazards. The National Disaster Management Agency (BNPB), as the central authority for disaster management, faces persistent challenges in coordination, regulatory fragmentation, and institutional rigidity that undermine its capacity for effective mitigation. This article examines the need to reconstruct the legal and institutional architecture of BNPB to strengthen its preventive and risk reduction functions. Using a qualitative juridical-normative approach combined with policy analysis, the study explores the alignment between existing disaster laws, decentralization policies, and international disaster governance standards such as the Sendai Framework for Disaster Risk Reduction. The findings reveal that BNPB’s current legal mandate remains overly response-oriented, lacking clear authority and integration mechanisms with regional disaster agencies (BPBD) and sectoral institutions. Therefore, the paper proposes a reconstruction model emphasizing legal harmonization, institutional redesign, and collaborative governance among central and local actors. Such a transformation is expected to shift BNPB’s paradigm from reactive disaster response toward proactive, community-based, and sustainable disaster mitigation—anchored in legal certainty, institutional accountability, and resilience-oriented policy coherence.
Legal Problem of the Merah Putih Cooperativ Muhammad Alif Fauzi; Muh. Ali Masnun; Ainun Najwa
Indonesian Journal of Administrative Law and Local Government Vol. 3 No. 2 (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.v3i4.54653

Abstract

The Merah Putih Cooperative is a government program aimed at strengthening the village economy through cooperative institutions based on economic democracy and family principles. This study aims to analyze the legal basis for the establishment of the Merah Putih Cooperative, the legal challenges in its implementation, and the potential criminal risks for cooperative managers. The study uses a normative juridical method with a statutory, conceptual, and analytical approach. The results show that the establishment of the cooperative based solely on Presidential Instruction Number 9 of 2025 does not meet the legality principles of state administrative law, thus creating legal uncertainty. In addition, there is overlapping function between the cooperative and the Village-Owned Enterprises (BUMDes), which causes institutional conflict at the village level. Weak internal oversight and low capacity of cooperative managers also increase the potential for misuse of funds, corruption, and other legal violations. Therefore, strengthening formal regulations, harmonizing village institutions, and improving cooperative governance are needed so that the Merah Putih Cooperative program can run transparently, democratically, and sustainably.
Government Versus Lex Sportiva: Government Authority in Accelerating the Development of National Football Dicky Eko Prasetio; Tri Nurhidayat
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.v3i1.54784

Abstract

This research aims to analyze the government's authority in accelerating the development of national football and its alignment with the transnational principle of lex sportiva, which emphasizes the independence and autonomy of sports organizations. This issue is important because the policy for accelerating the development of national football, regulated by Presidential Instruction Number 3 of 2019 and the Regulation of the Coordinating Minister for Human Development and Culture Number 1 of 2020, creates a potential normative conflict between the authority of the government as the organizer of governance and the authority of the All-Indonesian Football Association (PSSI) as the national football governing body. This research uses the normative legal research method with a regulatory approach and a conceptual approach. The research results show that the government has the authority to play a role in the development of football as a manifestation of the welfare state thru policy formulation, budget allocation, infrastructure development, human resource development, and law enforcement. However, the regulations in Presidential Instruction Number 3 of 2019 and Coordinating Minister for Human Development and Culture Regulation Number 1 of 2020 indicate a tendency to take over the strategic functions of the federation thru top-down coordination and control mechanisms, which potentially contradict the independence and autonomy aspects of sports organizations that are the foundation of the lex sportiva principle. This research argues that the development of national football should be carried out thru a balanced partnership model between the government and PSSI, with a clear division of authority between the public aspects that fall under the domain of the state and the technical aspects of sports that fall under the authority of the federation. The recommendation of this research is the need to establish a Presidential Regulation on the Acceleration of National Football Development, which provides legal certainty regarding the boundaries of authority between the government and PSSI, prevents overlapping authority, and ensures the harmonization between national law and lex sportiva in order to realize a professional, sustainable, and internationally competitive national football governance.
Constitutional Court as Positive The Constitutional Court as Positive Legislator: Rethinking Checks and Balances Considering Decision No. 60/PUU-XXII/2024 Imelda Ayu Juwita Putri; Bachrul Amiq; Anastasia Kayla Ruwiyanto
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.v3i1.55389

Abstract

This study analysed the evolving role of the Constitutional Court in Decision Number 60/PUU-XXII/2024, which not only annuls legal norms but also establishes new norms regarding regional head candidacy requirements. This condition raises debates concerning the shift of the Constitutional Court's function from a negative legislator to a positive legislator and its implications for the principle of checks and balances within Indonesia's constitutional system. Unlike prior studies, which have remained largely conceptual or focused on the technical implementation of regional elections, this research offers novelty through a critical analysis of the constitutional legitimacy of the Constitutional Court's role in formulating new norms, examined specifically through the lens of checks and balances an angle that remains underexplored in the existing literature. This research aims to analyze the juridical construction of the decision and examine its impact on the balance of power among state institutions. The research employs a normative legal method using statutory, case, and conceptual approaches. The legal materials consist of primary sources, such as legislation and Constitutional Court decisions, and secondary sources, including legal literature and scholarly doctrines, analyzed prescriptively to assess the decision's conformity with the principles of constitutional supremacy and the separation of powers. The findings indicate that Decision Number 60/PUU-XXII/2024 reflects the Constitutional Court's tendency to act as a positive legislator by formulating new candidacy threshold norms a move that, while contributing to democratization, also poses risks of legal uncertainty and a shifting balance of power. These findings reinforce the theoretical argument that the transformation of the Constitutional Court's role necessitates a reformulation of the constitutional limits on judicial authority within a checks-and-balances framework, while opening avenues for strengthening constitutional dialogue between the judiciary and the legislature in Indonesia.
Analysis Analysis of the KPPU’s Role in Providing Recommendations and Considerations on Government Policy Laily Ika Nuraini; Dita Perwitasari; Syaffiqa Noer Husnina Putrie
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.v3i1.55770

Abstract

Government sectoral policies can create barriers to a healthy competitive business environment, particularly when certain businesses are granted preferential treatment. Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition mandates the Business Competition Supervisory Commission (KPPU) to provide recommendations and considerations regarding government policies that have the potential to cause unfair business competition. However, the law does not provide clarity regarding the legal status of the KPPU’s recommendations, their binding nature, or the legal consequences if such recommendations are not implemented. This study aims to analyze the KPPU’s role in providing recommendations and considerations regarding government policies that have the potential to create an imbalance in business competition, as well as to examine the legal consequences of disregarding such recommendations and considerations. Using a statutory and conceptual approach, this study analyzes Law No. 5 of 1999, KPPU Regulation No. 4 of 2023, and a concrete case involving the Ministry of Energy and Mineral Resources’ Circular Letter No. T-19/MG.05/WM.M/2025 regarding import restrictions in the downstream oil and gas sector. The research findings indicate that the KPPU functions as an independent institution with the authority to issue advisory and preventive recommendations that lack coercive power. The KPPU’s recommendations and considerations are not legally binding and do not result in direct sanctions if not implemented. However, disregarding the KPPU’s recommendations and considerations has the potential to result in indirect legal consequences, such as a weakening of policy legitimacy, potential violations of the general principles of good governance, and the possibility of administrative lawsuits if the policy is proven to be detrimental to businesses and consumers. Keywords: KPPU, government policy, unfair business competition, recommendations and considerations
The Regulatory Governance of Mining Centralization in Indonesia: Assessing Administrative Accountability and the Principle of Prudence Ayunimas Puspitasari; Muh. Ali Masnun; Naila Adenan
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.v3i1.55708

Abstract

This study examines the transformation of licensing authority in the mineral and coal mining sector following the enactment of Law Number 2 of 2025 concerning the Fourth Amendment to the Mineral and Coal Mining Law, which centralizes mining licensing under the Central Government through the Risk-Based Business Licensing system implemented via the Online Single Submission (OSS-RBA) platform. Employing normative legal research with statutory and conceptual approaches, this study analyzes the legal construction of licensing authority by applying the doctrine of governmental authority, delegation, and the General Principles of Good Governance, particularly the principles of prudence (zorgvuldigheidsbeginsel) and legal certainty. The analysis demonstrates that although licensing centralization aims to improve regulatory harmonization, investment facilitation, and administrative efficiency, the current institutional design generates significant administrative challenges. The delegation of limited licensing authority to governors is not accompanied by sufficient administrative discretion because the Central Government retains control over norms, standards, procedures, and licensing criteria through the OSS-RBA system. Consequently, regional governments bear administrative responsibility for delegated decisions while possessing only limited authority to determine their substantive content. This institutional arrangement weakens the implementation of the Principle of Prudence by reducing meaningful field verification during licensing and undermines the Principle of Legal Certainty by creating fragmented supervisory responsibilities and delayed administrative enforcement. This study contributes to administrative law scholarship by demonstrating that the effectiveness of licensing governance depends not only on the allocation of authority but also on the institutional consistency between delegated authority, administrative accountability, and supervisory capacity. Accordingly, the study recommends strengthening regional involvement in field verification and restructuring the delegation of supervisory authority to achieve more balanced and accountable mining governance.
Validity of the Governor of East Java's Discretion in Determining the 2025 Minimum Wage: A Legal Analysis under Indonesian Government Administration Law Zulfa Nur Jamilah; Muh. Ali Masnun; Nadhif Fawwaz Tapa
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.v3i1.57526

Abstract

The determination of the 2025 Regency/City Minimum Wage (UMK) in East Java Province attracted significant attention from the perspective of administrative law after the Governor of East Java established minimum wages that did not fully comply with the calculation formula stipulated in the Minister of Manpower Regulation Number 16 of 2024. The policy was justified on the basis of administrative discretion considering regional economic conditions and business sustainability, and subsequently became the subject of litigation before the State Administrative Court, culminating in Decision Number 65/B/2025/PT.TUN.SBY of the Surabaya State Administrative High Court. This study aims to examine the validity of the Governor's exercise of discretion under Law Number 30 of 2014 concerning Government Administration. This normative legal research applies statutory and case approaches. Primary, secondary, and tertiary legal materials are analyzed using prescriptive legal reasoning. The findings indicate that the Governor's exercise of discretion failed to satisfy the legal requirements because there was neither a legal vacuum nor governmental stagnation justifying the use of discretion. Furthermore, the Governor's decision conflicted with statutory regulations, violated the General Principles of Good Governance, and deviated from the objectives of discretion stipulated in Articles 22 and 24 of Law Number 30 of 2014. The Surabaya State Administrative High Court reaffirmed that the Governor's authority in determining the UMK constitutes bound authority (gebonden bevoegdheid), thereby preventing deviations from the nationally prescribed wage formula through discretionary power. This study contributes to the development of Indonesian administrative law by clarifying the legal limits of administrative discretion in regional governance.

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