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Richo Andi Wibowo
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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 20 Documents
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A Critical Review of Indonesia’s Health Law and Its Implementing Regulations: Strengths and Challenges Puspita, Anita Arum; Maryanti, Salza Putri; Wardani, Anggun Retno; Jasinta, Indri; Stogmuller, Katharina
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19387

Abstract

This research explores the impact of Indonesia's Health Law Number 17 of 2023, particularly the removal of mandatory spending provisions and the introduction of Government Regulation Number 28 of 2024, which has led to significant public discourse. Utilizing normative legal methods with a conceptual and statutory approach, the study evaluates the alignment of these changes with the Indonesian Constitution, specifically Article 28H paragraph 1 and Article 34, as well as their compatibility with societal norms and values. The findings indicate that the abolition of mandatory spending may hinder equitable access to healthcare, despite the intention to enhance fiscal flexibility through program-based budgeting. Additionally, Article 103(4)(e) of the regulation, which addresses the provision of contraceptives for adolescents, has raised concerns due to its ambiguity and perceived misalignment with cultural and moral standards in society. This research highlights the critical need for policies that are not only legally sound but also contextually appropriate and responsive to societal needs, offering insights into the challenges of health policy reform in Indonesia.
The Administrative Court Judges Paradigm on Justice and the Protection of the Awyu Indigenous People's Rights in Environmental Permit Dispute Safitri, Masna Nuros; Syarifudin, Syarifudin; Insyaniyah, Inarotul; Ranjani, Gita; Karina, Gladys Donna; Aprisal, Jelita Septiani
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19539

Abstract

The environmental permit dispute between the Awyu Indigenous People and PT Indo Asiana Lestari highlights challenges in protecting indigenous rights and environmental justice in the Administrative Court. The main issue lies in the legal paradigm that prioritizes procedural aspects and material losses, while neglecting local wisdom, community participation, and long-term ecological impacts. This study aims to analyze the judicial paradigm in Administrative Court rulings and its implications for the protection of indigenous rights and environmental sustainability. Using normative legal research and the critical legal studies approach, the findings indicate that administrative court decisions reinforce structural injustice by limiting the definition of harm to material losses, without considering social and ecological damages. As long as the law remains unchanged, judges will continue to adhere to a procedural and formalistic approach. Therefore, legal reform is necessary, particularly a review of Article 53(1) of the Law on Administrative Court, to enable judges to consider social and ecological impacts in their decisions.
The Right to be Forgotten: Protecting Emergency Contact in the Reform of Personal Data Protection Policy in Indonesia Intani, Aulia Anugrah; Syafira, AdeAfni
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19988

Abstract

This article analyzes concern regarding the massive development of online lending applications in Indonesia. The government should make that invention as one of the priority focuses for protecting Indonesia’s citizen. Various studies and regulations have been made by the government to protect online loan users. Unfortunately, there is one party that still needs to be prioritised for protection in Indonesia, which is the emergency contacts of online loan application users. Emergency contacts need legal protection regarding their data used by borrowers as collateral if they default. Indonesian law is inadequate inthisregard.Therefore, innovations are needed regarding the applicable regulations and concepts to be able to protect emergency contacts’ data. The method used in this paper is literature review. The result of this study found that a more comprehensive regulation and implementation of Right to be Forgotten is needed to keep upwith the rapid technological developments in the field of financial technology. The results emphasise the importance of personal data protection not only for borrowers, but also for emergency contacts. The reason for this is due to the increasing number of data breach cases. Ultimately, this research found that reforms by applying data protection principles are essential to protect the parties in online loan service providers
The Problems of Reviewing the Audit Report of the Financial Audit Board Pundhilaras, Rindhang; Eka Yuniza, Mailinda
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.20054

Abstract

The judiciary has diverse decisions regarding on their competence to review the Audit Report of the Financial Audit Board (the LHP BPK). Some of judges in ordinary courts regarded that the LHP BPK falls in the competence of Administrative Courts; however, some judges of Administrative Courts regarded that the LHP BPK is not similar to an administrative decision; so that, they decline to review the LHP BPK. Therefore, this paper aims to evaluate where and how should the LHP BPK be reviewed This study uses a normative juridical research method using secondary data in the form of regulations, books, articles, research, and journals to analyze the position of the LHP BPK as a form of implementing the duties, functions, and authority of BPK as an independent institution. This research finds that the problematic situations occur because of legal loopholes due to the silent of the Law. Legislature therefore needs to promulgate norms on the matter. Meanwhile this study offer some temporary solutions to mitigate the loopholes.
Threats to The Meritocracy and Neutrality of State Civil Apparatus Ramadhan, Muhammad Nur
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.20290

Abstract

The dissolution of the Indonesian Civil Servant Commission (KASN) is a setback for bureaucratic reform. It has raised a serious concern about the future of the meritocracy and neutrality of state civil apparatus (ASN) in Indonesia. An independent supervisory institution, KASN followed the principles of meritocracy by ensuring that the recruitment, promotion, and transfer processes of ASN were based on competence and performance. Dissolving KASN through poor legislation is questionable. This normative legal article employed the qualitative approach, using primary legal sources, such as laws and regulations and other types of policy. In addition, it used secondary legal sources, e.g., literature and other valid and relevant information. Therefore, this research is prescriptive and analytical. This article discusses the impacts of the dissolution of KASN on Indonesia's bureaucracy and the urgency of continuing meritocratic supervision to ensure that ASN remains professional and free from political pressure.
A Critical Review of the House of Representatives’ Role in the Naturalization Process of Foreign Athletes in Indonesia Muhammad Fathur Rizqi; Mochammad Adli Wafi
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.20052

Abstract

In the Citizenship Law in Indonesia, there are three regulated citizenship pathways, namely Ordinary Naturalization (Article 9), Naturalization due o Mixed Marriage (Article 19), and Special Naturalization (Article 20). In its implementation, only the Special Naturalization pathway involves the role of the People’s Representative Council of the Republic of Indonesia (DPR) in the process of granting citizenship. This study attempts to analyze the original intent of the DPR’s recommendation, position, and benchmarks in the process of granting citizenship to Foreign Athletes. The purpose of this study is to describe the involvement of the DPR in the process of granting citizenship to Foreign Athletes within the framework of laws and regulations in Indonesia. This study uses a juridical-normative research method based on academic manuscripts, minutes of meetings, and provisions of lawsand regulations in Indonesia. In addition, this study uses three approaches, namely the legislative approach, the conceptual approach, and the historical approach. Furthermore, this study found that the involvement of the DPR in the process of naturalizing Foreign Athletes in Indonesia is a form of preventive supervision is measuring national interests and preventing abuse of authority. However, there is still ambiguity regarding the DPR’s consideration of national interests, so clear criteria are needed to measure national interests. In addition, there needs to be clearer rules regarding the legal implications related to the DPR’s rejection of citizenship applications through the special naturalization route.
Reformulating the Institutionalization and Enforcement of General and Regional Head Election Campaign Fund Reports Izzi, Bil; Latifah, Fani Rahmah; Rizwani, Nurul Febria
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.20230

Abstract

Campaign Funds are a vital instrument for the realization of Campaign activities by General and Regional Head Election Participants. However, several problems occurred in the Campaign Fund report such as the practice of realizing the use or expenditure of Campaign Funds that were not in accordance with the report submitted to the General Election Commission, the formality of the Campaign Fund report and the disparity in the imposition of sanctions, as well as the inconsistency of law enforcement on the Campaign Fund report. Various previous studies have discussed the problems and importance of transparency in Campaign Fund reporting. However, the issue of institutional reformulation and alternative enforcement of Campaign Fund reports is still minimally highlighted. Based on this, this study focuses on the reformulation the institutionalization and enforcement of Campaign Fund reporting in General and Regional Head Elections. In this study, the methodology used to analyze the problem is using a normative juridical methodology. This study found that it is necessary to reformulate the arrangements institutionalization and enforcement of Campaign Fund reports to strengthen substantive Campaign Fund reports, including by involving Financial Transaction Reporting and AnalysisCenter in the supervision and enforcement mechanism of Campaign Funds that are unreasonable or illegal, so that they are not just administratively compliant or noncompliant with the Campaign Fund reports.
Law and Accountability in Hajj Fund Reporting: Addressing Regulatory Disharmony in Indonesia Meta Syarah
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23014

Abstract

This study analyzes the inefficiencies and ineffectiveness of Hajj fund reporting in Indonesia arising from regulatory disharmony between Law Number 34 of 2014 on Hajj Financial Management and Law Number 8 of 2019 on the Organization of Hajj and Umrah. Such inconsistency has created unclear reporting authority between the Hajj Financial Management Agency (BPKH) and the Ministry of Religious Affairs (Kemenag), resulting in weak oversight, transparency, and accountability in Hajj fund management. A normative legal approach based on statutory and literature analysis is employed. Through this method, the study finds that Kemenag is not legally required to report its fund utilization to BPKH, despite BPKH’s accountability. This asymmetry undermines transparency and oversight, while BPKH’s limited access to Kemenag’s reports and differing interpretations by Audit Board of Indonesia (BPK) and Finance and Development Supervisory Agency (BPKP) impair supervisory effectiveness. The study suggests regulatory harmonization institutional realignment and integrated reporting as necessary reforms. The Indonesian experience shows that institutional reform without regulatory coherence risks creating fragmented authority and accountability gaps. Countries with similar governance structures may draw important lessons learned from Indonesia’s case, the urgency of legal clarity, inter agency coordination, and integrated reporting as prerequisites for accountable and transparent Hajj fund governance.
Presenting a Human Rights Perspective in Administrative Law (Paradigm Offers and Administrative Court Reviewing) Heryansyah, Despan
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23314

Abstract

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.
The Regulation of the digital transition in the EU: Opportunities & challenges in the EU’s fight against disinformation de Vries, Sybe Alexander
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23881

Abstract

Digital technologies allow for the spread and dissemination of hate speech and disinformation at previously unseen scale and speed, which threaten citizens’ right to (accurate) information and human dignity, and the core values of the rule of law and democracy, which are for the European Union enshrined in Article 2 TEU. According to the European Commission, disinformation constitutes “false or misleading content that is spread with an intention to deceive or secure economic or political gain, and which may cause public harm”. The recently adopted EU’s Digital Services Act (DSA) seeks to combat harmful content online and disinformation, although disinformation is only referred to and not defined in its recitals. In this paper it will be assessed to what extent the DSA within the context of Europe’s Digital Single Market is fit for purpose to address the challenges of dissemination.

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