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Legal Legitimacy and Effectiveness of the KMPMDP Program in Preventing Maladministration Through Policy Cycle

Roshe Adeltha Hendri, Jatmiko Yogopriyatno, Nursanty Nursanty — Tue, 07 Apr 2026 00:00:00 +0700

This study analyzes the implementation of the Community Group Concerned with Maladministration (KMPMDP) program conducted by the Ombudsman of the Republic of Indonesia Bengkulu Representative using Jann and Wegrich's (2007) Policy Cycle Theory integrated with Administrative Law perspectives. The KMPMDP program represents a strategic innovation in public service oversight based on community participation that implements principles of administrative democratization and governmental accountability. Using a qualitative approach with an interpretive paradigm, this research examines how the program is implemented through five policy cycle stages while considering dimensions of legality, legitimacy, and general principles of good governance (AUPB). Data were collected through in-depth interviews with key actors, participatory observation of program activities, and documentary studies. Findings reveal that the KMPMDP program has a strong legal foundation based on Law No. 37/2008 on the Ombudsman RI and fulfills administrative law principles at each policy cycle stage. However, implementation faces technical constraints, particularly in edu-visit coordination, impacting effectiveness and efficiency as part of AUPB. The study shows a gap between formal rechtmatigheid (legal validity) and substantive doelmatigheid (effectiveness), with only 50% of planned edu-visits executed. This research contributes theoretically to participatory policy implementation studies from an administrative law perspective and provides practical recommendations for optimizing legitimate and accountable community-based oversight programs.

Optimization of Visa Services through Information Technology at the South Jakarta Immigration Office Based on Immigration Law

Abigail Syaqiena Hadinagoro, Muhammad Imam Nasef — Mon, 06 Apr 2026 00:00:00 +0700

The use of information technology in visa services can provide convenience; however, it also gives rise to various problems, as experienced at the South Jakarta Immigration Office, including ineffective mechanisms, technical disruptions, and the potential for identity falsification. The research problems addressed in this study concern how information technology is used in visa services at the South Jakarta Immigration Office based on Law Number 63 of 2024 in conjunction with Law Number 6 of 2011, as well as the obstacles encountered in the use of information technology in visa services at the South Jakarta Immigration Office. This study employs a normative research method with a descriptive approach. Data were collected through literature studies and interviews and analyzed qualitatively. The results indicate that visa services at the South Jakarta Immigration Office have implemented information technology through an online-based e-visa system as regulated in Law Number 63 of 2024 in conjunction with Law Number 6 of 2011. All visa application processes are conducted digitally and in real time. The obstacles encountered include internal constraints, such as discrepancies in uploaded data, system validation failures, and technical disruptions, as well as external constraints, including the risk of cyberattacks, potential data breaches, and low levels of users’ digital literacy. These obstacles have been addressed through improvements in technological infrastructure, strengthening of digital security, and the provision of online guidelines to ensure the continuity of optimal services. The Government is expected to enhance continuous evaluation of the electronic visa system.

Positive Fictitious Lawsuits in the Digital Era: Challenges Executing Administrative Court Decisions in OSS

Saan Saan, Tubagus Ahmad Ramadan — Mon, 06 Apr 2026 00:00:00 +0700

The introduction of the positive fictitious doctrine through Law Number 30 of 2014 concerning Government Administration is a significant effort to realize legal certainty for the public regarding the silence of bureaucratic authorities. However, the transformation of public services into the Online Single Submission (OSS) system after the Job Creation Law has created a new legal paradox. This study aims to analyze the legal implications of the OSS system on positive fictitious procedures and identify obstacles in executing Administrative Court (PTUN) decisions against algorithm-based systems. Using a normative legal research method with a statutory and conceptual approach, this study finds that the digitalization of bureaucracy tends to reduce official discretion, which is a core element in the Residue Theory. A crucial problem arises when PTUN decisions that have permanent legal force cannot be accommodated by the rigid and automated algorithms of the OSS system, thereby creating legal uncertainty. This study concludes the need for legal reconstruction through the synchronization of the Supreme Court's E-Court system with the OSS system, as well as updating procedural regulations to ensure the effectiveness of decision execution in the era of smart governance.

Shaping Green Investment Pathways to Accelerate Sustainable Development Goals (SDGs) Achievement in Indonesia

Nurul Hasanah, Moh. Bahrul Ulum, Firman Floranta Adonara, Khoidin Khoidin — Mon, 06 Apr 2026 00:00:00 +0700

The transformation toward sustainable development requires the renewal of the investment law system so that it aligns with environmental, social, and economic principles as mandated in the Sustainable Development Goals (SDGs). This study analyzes the direction of green investment law formation in Indonesia through three main focuses: the existing regulatory framework, juridical barriers in its implementation, and the ideal normative model to strengthen the legal resilience of sustainable investment. The results show that green investment regulations remain sectoral and fragmented across various laws, such as the Investment Law, the Environmental Protection Law, and technical policies like the OJK Green Taxonomy. This fragmentation creates legal uncertainty, overlapping authorities, and gaps between technocratic policies and formal legal norms. These obstacles are exacerbated by weak institutional coordination, the absence of a legal definition of green investment, and the lack of binding incentive and supervision mechanisms. This study recommends the establishment of a lex specialis on green investment, strengthening the legal status of the Green Taxonomy, creating an integrated green licensing system, and reinforcing ecological protection obligations as a mechanism for intergenerational justice. Therefore, the formation of a comprehensive and integrated green investment legal framework is necessary to create legal certainty, enhance the attractiveness of sustainable investment, and strengthen Indonesia’s commitment to achieving the SDGs.

The Ombudsman of Indonesia’s Own-Initiative Investigations in State Administrative Law and Horizontal Accountability

Riska Jenni Astriani, Jatmiko Yogopriyatno, Nursanty Nursanty — Mon, 06 Apr 2026 00:00:00 +0700

Own Initiative Investigation (IAPS) is a constitutional authority of Indonesia's Ombudsman based on Law No. 37/2008 as a proactive public service oversight mechanism. However, its implementation remains low, including in Ombudsman RI Bengkulu Representative which has only conducted 1 IAPS since 2025 despite a 7,1% increase in maladministration cases. This study analyzes IAPS practice from an administrative law perspective as a manifestation of proactive horizontal accountability based on Mark Bovens' theory. Descriptive qualitative research with juridical-empirical approach. Data collected through in-depth interviews with 6 key informants, observations, and legal documentation studies. Analysis uses Miles & Huberman model with Bovens' public accountability framework. IAPS practice in Bengkulu Representative meets formal legality criteria but faces operational constraints in fulfilling Bovens' effective accountability criteria, particularly: (1) Independence constrained by coordination with reported institutions; (2) Transparency limited to LHI publication; (3) Evidence credibility depends on investigator competence; (4) Recommendation consequences weak due to lack of binding sanctions. Juridically, IAPS has strong constitutional legitimacy but its effectiveness is hampered by absence of administrative sanctions for institutions failing to follow up recommendations. IAPS as proactive horizontal accountability instrument requires strengthening of derivative regulations providing stronger binding power to Ombudsman recommendations, including administrative sanctions for non-compliant institutions.

Analysis of Law Enforcement Components in Human Trafficking Cases in Indonesia

Noor Rahmad, Annisa Dwi Rahma Septiani — Mon, 06 Apr 2026 00:00:00 +0700

This study aims to analyze how factors in law enforcement are applied in handling cases of human trafficking in Indonesia. Human trafficking is a highly complex criminal act, as it involves networks that spread across various regions and parties. This makes the effectiveness of law enforcement very important. This study uses a normative-empirical legal method with an approach in the form of a review of legislation and case studies. The data used was obtained through analysis of legal regulations, court decisions, and reports from institutions such as the Ministry of Women's Empowerment and Child Protection, the Indonesian National Police, and the Indonesian Migrant Workers Protection Agency. The results of the study show that the enforcement of laws against TPPO has not been optimal due to several factors, such as lack of coordination and integrity among law enforcement officials, limited facilities and infrastructure to support investigations, low public awareness of the law, and cultural and social factors that still look down on the role of women and migrant workers. Problems such as corruption, inadequate protection of victims, and a lack of training for officials also exacerbate this situation. The study concludes that effective law enforcement against TPPO can only be achieved through cooperation between legal factors, increased professionalism among officials, and increased institutional and social support for victims.

Integration of Forest Management Policy and Environmental Law Enforcement in Efforts to Prevent Illegal Logging in Indonesia

Ahmad Syahird, Samsul Arifin, Andi Firmansyah , Andi Muhammad Alqadri Syarif — Mon, 06 Apr 2026 00:00:00 +0700

Law enforcement against illegal logging in various forest areas in Indonesia remains a persistent challenge in achieving sustainable forest governance. Although Indonesia has enacted Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, prior studies largely focus on regulatory substance and criminalization, while limited attention has been given to the structural effectiveness of its enforcement mechanisms. This study aims to analyze the effectiveness of environmental law enforcement in preventing illegal logging and to identify the institutional and normative gaps that hinder its implementation. This research employs normative juridical legal research with a statutory, conceptual, and case approach. The analysis is based on legislation, court decisions related to illegal logging, and relevant scholarly literature to evaluate the coherence between regulatory design and enforcement practice. The findings indicate that despite a relatively comprehensive legal framework, enforcement remains suboptimal due to fragmented inter-agency coordination, limited institutional capacity, and systemic corruption risks within forestry governance. Moreover, the existing regulatory framework has not been fully supported by integrated monitoring and accountability mechanisms. This study contributes to the discourse on environmental law enforcement by proposing the strengthening of cross-sectoral supervision, institutional integration, and community-based monitoring as key reform directions for improving the effectiveness of illegal logging prevention in Indonesia.