cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Richo Andi Wibowo
Contact Email
richo.wibowo@ugm.ac.id
Phone
+6281227581020
Journal Mail Official
editor.seaj-algov@ugm.ac.id
Editorial Address
Building A, 7th Floor, Faculty of Law, Universitas Gadjah Mada Jl. Sosio Justisia 1, Bulaksumur, Yogyakarta – 55281, INDONESIA
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
South East Asian Journal of Advanced Law and Governance
Published by Universitas Gadjah Mada
ISSN : -     EISSN : 30627907     DOI : https://doi.org/10.22146/seajalgov
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
South East Asian Journal of Advanced Law and Governance (SEAJ ALGov) is an academic journal that focuses on conceptual and research articles in both normative and empirical approaches with emphasis on interdisciplinary and multidisciplinary fields of law and governance in the Southeast Asia region. We consider writing development a lifelong process of administrative law, Health issues, Environmental, Adat law, etc. We expect students to master and even professionals to write the essential substance on administrative law either in national or international context. We highly encourage articles that combine legal with nonlegal aspects in their analysis. The aims of journal are to support scientific writing that is critical, progressive, and innovative which are beneficial for the general public, to expand knowledge and increase scientific writing competence, to develop interdisciplinary and multidisciplinary scientific legal works.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Legal Protection against Legal Uncertainty of Tacit Approval under the Indonesian Job Creation Law Muhammad Adiguna Bimasakti
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i1.9922

Abstract

The concept of tacit approval underscores the idea of considering an application or request as approved even without an explicit formal decision. This approach is taken when the government fails to address or respond to the application within a stipulated timeframe. In such cases, the absence of a response is interpreted as an implied granting of permission or approval. This can be found in article 175 point 7 of the Law No. 6 of 2023 concerning Enactment of Government Regulation in lieu of Law No. 2 of 2022 Concerning Job Creation as Law (Job Creation Law). However, this tacit approval must be further regulated through presidential regulation, yet up until this day, it has not been regulated. When the applicant can utilize tacit approval is uncertain, as well as uncertainty regarding legal recourse for the disadvantaged party concerning tacit approval. This research finds that the regulation of tacit approval in presidential regulation should involve acknowledging the tacit approval through registration within the government's information system and issuance of tacit approval certificate, thus ensuring legal certainty for the applicants of decisions. Subsequently, the registered tacit approval certificate can be reviewed through administrative court to establish legal certainty for affected citizen.
A Contemporary View of Disrespecting the International Health Regulations During the COVID-19 Pandemic and Why Fikri Fahmi Fahruqi
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i1.9924

Abstract

This paper discusses an analysis of the legal framework of the 2005 International Health Regulations, specifically Article 43 in relation with the concept of “Additional Health Measures” and seeing how this Article, which currently lacks sufficient jurisprudence, is supposed to be applied within practice especially during pandemics such as COVID-19. The purpose of such is to form a guideline for States parties to this Regulation in its implementation, as is often seen within reality that there exists inconsistent application of it during pandemics, causing a considerable amount of its violation. Hence, because of the lack of jurisprudence for the Regulation, this paper will attempt to use a doctrinal method in interpreting the key terms of the Regulation, with additionally using other sources of law in support to find a meaning. It will be found later in the paper the usage of the 1994 World Trade Organization Sanitary and Phytosanitary Measures Agreement can be used to understand the technicalities of the Regulation as many of its terms were inspired by said agreement. After understanding the technicalities of Article 43, an assessment of its implementation will be done where we will find how countries like China, which has made restrictive health measures of the extreme, has violated the provision of the Regulation and how countries like New Zealand which has achieved its goal of reducing COVID cases by taking less restrictive measures, has complied with the Regulation.
The Urgency of Human Rights Approach for The Indonesian Ombudsman for combatting Discrimination Tio Tegar Wicaksono
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i1.10152

Abstract

Abstract based on Law number 37 in the year of 2008, The ombudsman is responsible for the promotion of good governance and the prevention of maladministration within the public sector. hence, The prevailing body of research on the Indonesian Ombudsman mostly use the good governance framework to depict the Ombudsman's role in addressing instances of maladministration within the public sector. meanwhile, The role of the ombudsman primarily involves addressing a wide range of public service problems that encompass dimensions of human rights, including instances of discrimination against minority populations and vulnerable groups. Nevertheless, this aspect has been disregarded. therefore, this essay aims to address the existing gap in the literature regarding the Indonesian Ombudsman, specifically from a human rights viewpoint. This article exclusively uses the normative legal method, which involves the collection and analysis of regulations, pertinent literature, and reports from the Ombudsman. The findings indicate that the implementation of a good governance approach alone is insufficient in addressing human rights violations against disadvantaged and minority groups within public services. Similarly, the adoption of a human rights strategy is necessary to address discrimination that specifically targets vulnerable and minority populations.
The Regional Government Leaders Ambiguous Position and Political Influence in Indonesia’s Civil Servant Management Alif Duta Hardenta
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i1.10153

Abstract

The regional government leaders in civil state management and bureaucracy in post-Reform Indonesia positioned as both leader in regional political power, while on the other hand they also had the power as the administrator of civil service management and its bureaucracy. This study aims to analyse on the impact of this authority as mandated by the laws in autonomy and regional governance on civil servant management. This is a normative legal research article. The literature review gathers information from document, reference and regulatory analysis. The data analysed qualitatively and presented descriptively. This article sums up that the regional government leader’s political authority created a phenomenon where there are imbalances and dependencies between the relationship of bureaucracy and political power in regional governance. The progress of this governance relationship also showed flaw in bureaucracy, where the bureaucrats and officials are vulnerable into subjective and political issues that might affect the quality of public services performed. The relationship between bureaucrats and regional leaders as political nevertheless created the occurrence of civil servant management laws violations, especially against the merit system and open job promotions. These cases of violations happened in several regional government on different occasions.
Legal Analysis: Accountability on Developing Artificial Intelligence in Healthcare Industry in Indonesia Aulia Anugrah Intani; Fauza Annisa
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i1.10155

Abstract

The rapid development of Artificial Intelligence (AI) technology generates immense potential and challenges for various domains, including the healthcare sector. AI can encompass early disease detection, personalized patient care, streamlined workflows, and error reduction. Nevertheless, ethical and legal dilemmas surrounding data privacy and accountability arise. This essay addresses a comprehensive legal analysis regarding those challenges and how health technology regulation should be created by involving government and healthcare stakeholders. A data protection approach by anonymizing data could ensure sensitive patient information and medical records remain confidential while implementing AI advancements. Meanwhile, AI systems are seen as electronic agents, which forces defining clear legal responsibilities for any unfavourable outcome. Therefore, a high urgency emerges for a robust regulatory framework regarding AI implementation and responsibility in the healthcare sector. A comprehensive legal framework must address responsibility and potential liability to ensure fairness, commitment, and transparency for medical professionals, patients, and AI developers. It should harmonize the innovation with Indonesia's ideology, values, and laws while promoting ethical considerations, equal healthcare access, and a balanced coexistence between humans and technology. A commitment to secure, equitable, and relevant regulations is imperative to safeguard individual rights, foster responsible AI innovation, and enhance the healthcare landscape.
The Politicizing of Judicial Independence: Cases and Controversy in Indonesian Constitutional Court’s Idul Rishan
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.15535

Abstract

The Constitutional Court has been the target of several political attacks over the past three years, each with its tactics and goals. The politicization of the court by the government poses the greatest danger to its independence. This study combines qualitative analysis with socio-legal study methodology. According to this study, the court gets politicized in two ways. The first type is extrajudicial, which indicates that political actors acting outside the court system constitute. The second type is intra-judicial, which involves the major actors in the legal system. In this case, the major actors are the judges of the Constitutional Court. This study also elucidates the way certain components with a legal component and others with a socio-political component resulted in the politicization of the independence of the constitutional court.
Presidential Power in the Formation of Cabinet Posture after the State Ministries Law 2024 Beni Kurnia Illahi; Charles Simabura; Muhammad Ichsan Kabullah
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.15929

Abstract

The President has the authority to determine the structure of the government under him as part of the President’s prerogative rights as regulated by Article 17 of the 1945 Constitution. Ironically, the Government and the House of Representatives insisted on changing the substance of Law No. 39 of 2008 concerning State Ministries through a swift amendment resulting in the enactment of Law No. 61 of 2024. One significant change in the new regulation is the removal of the limitation on the number of state ministries. It is necessary to examine how the constitutional mandate and the Law on State Ministries limit the president’s power in designing the cabinet posture in Indonesia. Second, what are the implications of unlimited presidential power in forming the cabinet posture from the administrative law and state finances perspective? This research uses normative juridical legal research with a descriptive nature and a prescription form. Based on the research, there are 4 (four) priority issues, first, the rise in the number of ministries will have an impact on the state budget’s ability to finance it, implications for the apparatus and infrastructure that will run government administration, further complicates the coordination function and authority between ministries, and the increasement is not in line with the government’s spirit to simplify the state institutions and regulations.
Academic Freedom Movement in Southeast Asian: Threat, Challenge, and It’s Implication in Indonesia Satria Unggul Wicaksana Prakasa
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.16162

Abstract

This research focused on analyzing the debates and roles of academic freedom movement in Southeast Asian. The dynamics of protection related to academic freedom cannot be separated from its protection on the one hand and the threats accompanying it. The issue of academic freedom creates a threat to the academic community in producing knowledge, both within universities and those who are active as independent researchers, especially in Southeast Asian. Authoritarianism, in turn, has affected the worse situation of free expression, including academic freedom. In the current situation, the digital sphere has been targeted as well. This article will discuss the following questions: (1). What is the situation of the academic freedom movement and protection for the academic community in Southeast Asia? (2). How are efforts to maintain the movement of academic freedom in Southeast Asia, especially in Indonesia, amid efforts to subjugate the campus by the state and the practice of authoritarianism? Using an interdisciplinary approach as a part of socio-legal research, this article argued that there is a strong relationship between the threat of academic freedom movement in Southeast Asian countries and the implications in Indonesia. The academic freedom situation in Southeast Asia has been shaped by the political and economic aspects of the region as well as in their respective countries. The role of independent and progressive alliances to struggle for their rights or to understand the role of professor unions in defending academic and scientific freedom. To what extent is academic freedom considered a strong pillar for democratic societies, including providing important scientific, economic, cultural, and social progress from which we may all benefit? This roundtable is also aimed to promote possible strategies in challenging democracy declines, affecting the shrinking civic space, and how academic resilience in the digital space is a keyword that should be strengthened in its social movement since this will be more complicated due to manipulating information and anti-science politics through systematic repression.
Indonesian Democracy: Democracy without the Public Sugeng Bayu Wahyono
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.16573

Abstract

Since its independence, the Republic of Indonesia has been a democratic and unitary state. However, democracy has had its ups and downs and been influenced by the characteristics of the leaders from the era of President Soekarno, New Order, to the reform era. This study employed the reflective method to analyse the political phenomena of contemporary Indonesia, based on empirical facts and academic information. This study discusses the issue of democracy. Instead of the role of the middle class or global political constellation, it focuses on the failure of the political process to shape the public, a prerequisite for implementing democracy. This research reveals that three strategic social institutions in the dynamics of contemporary Indonesian politics, namely religion, bureaucracy, and educational institutions also fail to shape the public. It leads to formal, procedural, and less substantive democracy in Indonesia. Therefore, the people need a democracy literacy movement through various strategic social and political institutions.
The Notion of Public Participation in the Making of Government Regulation in Lieu of Law (PERPU) in Indonesia Al Yasir; Zainal Arifin Mochtar
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.16940

Abstract

After the Constitutional Court Decision Number 91/PUU-XVIII 2020, public participation must be present in every legislative formation. As one of the regulations in Indonesia, PERPU has the same hierarchy and content material as the Law. Therefore, it is also important to question the opportunity for public participation in the PERPU formation process. In order to obtain answers to this study, this research uses normative legal research with a statute approach and conceptual approach. This research shows that in the formation of PERPU there are two processes that must be passed, namely first the process of formulating and determining PERPU by the President and second the process of submitting to the DPR for approval or not. Public participation can be present in both processes but has different doses. In the first process, public participation is only in the form of information provided to the public regarding the reasons for the ‘compelling urgency’ of the PERPU stipulation by the President. Meanwhile, in the second process, public participation is presented when the PERPU is submitted and the discussion stage is carried out by the DPR level I and II. As for the implementation of public participation in the formation of PERPU in both processes, it can utilise technology, because PERPU is an emergency regulation and races with time constraints in its formation, technology can be an option used.

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression Vol 1 No 1 (2024): The Dynamics of Law and Governance in Contemporary Situation