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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 33 Documents
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Dwangsom (Coerced Money) In Cases of Child Execution Due to Divorce: A Study of the Supreme Court Decision Number: 1026 K/Ag/2023: Dwangsom (Uang Paksa) dalam Kasus Eksekusi Hak Asuh Anak Akibat Perceraian: Sebuah Studi atas Putusan Mahkamah Agung Nomor: 1026 K/Ag/2023 Marcella Selvi Arliani; Nurul Hikmah
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.v3i2.55438

Abstract

The implementation of execution (hadhanah) in Indonesia still faces unclear norms, especially because children cannot be treated as objects of execution like objects as stated in Article 1033 Rv (Reglemen op de Rechtsvordering), one of which is namely in the Decision Supreme Court Number: 1026 K/Ag/2023. Formulation problems in research This namely: First, how urgency implementation dwangsom (money force) in constraint implementation execution decision right foster care child (hadhanah) in Decision Supreme Court Number: 1026 K/Ag/2023 and second, how the judge's authority in set dwangsom (money force) in the case right foster care child (hadlanah) according to law positive in Indonesia. Goal study This For urgency implementation dwangsom (money force) in constraint implementation execution decision right foster care child (hadhanah) in Decision Supreme Court Number: 1026 K/Ag/2023 and the authority of judges in set dwangsom (money force) in the case right foster care child (hadlanah) according to law positive in Indonesia. Method research used is study juridical normative. Research results show that the application of dwangsom in the Supreme Court Decision Number: 1026 K/Ag/2023 is valid and important to be implemented as an effort to guarantee the implementation of child custody (hadhanah) execution. This application is in line with Article 606 a and 606 Rv (Reglement op de burgerlijke rechtvordering), Article 259 paragraph (1) RBg  Results of the National Working Meeting (RAKERNAS) of the Supreme Court of the Republic of Indonesia in Manado in 2012. In addition, based on the Supreme Court Decision Number: 556/K/SIP/1971 dated January 8, 1972, and the Supreme Court Number: 291/Pdt.G/2018/PA.Klk, the Judge is allowed to decide beyond the petitum as long as it is for the sake of justice, so that it does not violate the principle of ultra petita. This application is also in line with the Islamic fiqh principle of Dar'ul Mafasid Muqoddamun 'Al-Jarbil Masalih.
Testing Parameters for the Principle Prohibiting the Abuse of Powers and the Principle Prohibiting Arbitrary Action: Parameter Pengujian Terhadap Asas Larangan Penyalahgunaan Wewenang dan Asas Larangan Bertindak Sewenang-wenang Muklis Al'anam; Muh Ali Masnun; Wilsen Leatemia
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.v3i2.58867

Abstract

Abuse of power and arbitrary action are two distinct principles in administrative law. Abuse of power (detournement de pouvoir) refers to the exercise of power in a manner that deviates from the purpose for which it was granted, whilst arbitrary action (willekeur) refers to the irrational exercise of power. However, Law No. 30 of 2014 on Government Administration categorises within the same legal framework as forms of abuse of power. The analytical treatment of these principles blurs the doctrinal boundaries between them and affects the parameters used to test the legality of government actions in administrative judicial practice. This study aims to analyse the doctrinal error in equating the abuse of authority with arbitrary action and to reconstruct the boundaries of these two principles within Indonesian administrative law. This study employs a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach through an analysis of administrative law doctrine. The results of the study indicate that the amalgamation of these two principles in Law No. 30 of 2014 is not in line with developments in modern administrative law doctrine, as each has distinct philosophical foundations, elements, and legal consequences. Therefore, a restructuring of the legal framework governing the abuse of power is required, establishing arbitrary action as a separate principle, thereby ensuring legal certainty and consistency in the judicial review of government administrative actions.
The Application of Administrative Sanctions by Notaries Against Deeds Drafted Using Artificial Intelligence: Penerapan Sanksi Administratif oleh Notaris Terhadap Akta yang Disusun Menggunakan Kecerdasan Buatan Dwi Rahman Suhada; Rafan Darodjat
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.v3i2.59059

Abstract

The development of Artificial Intelligence (AI) has facilitated various professional activities, including the preparation and drafting of deeds by Notaries. The use of AI in notarial practice may increase efficiency; however, it also raises legal issues concerning the limits of AI utilization, the validity of deeds, and the liability of Notaries when errors or violations occur in deeds prepared with AI assistance. This is because the Notary Position Law does not specifically regulate the use of AI in the performance of notarial duties or the administrative consequences arising from its use. This study aims to analyze the application of administrative sanctions against Notaries in relation to deeds prepared through AI and to formulate the limits of Notaries’ liability in utilizing AI. This study employs normative legal research using statutory and conceptual approaches. Legal materials are analyzed prescriptively to formulate a legal construction concerning the use of AI in deed preparation and the application of administrative sanctions against Notaries. The results demonstrate that AI may be utilized as a supporting instrument in notarial work but cannot replace the authority, professional judgment, and responsibility of a Notary as a public official. Notaries remain responsible for verifying the identity and intentions of the appearers, the substance of the deed, the procedures for its execution, and compliance with applicable laws and regulations. The novelty of this research lies in constructing AI as a supporting instrument in the performance of notarial duties while directly relating its use to parameters of professional violations and the application of administrative sanctions. Therefore, more specific regulation is required concerning the use of AI in notarial practice, including verification standards, Notaries’ supervisory obligations, and parameters of violations that may constitute grounds for administrative sanctions, in order to ensure legal certainty and protection for the parties. Keywords: Artificial Intelligence, Notary, Authentic Deed, Administrative Sanctions, Notary Liability.

Page 4 of 4 | Total Record : 33

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