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M. Alfaqih Syafiq Ridla; Abdul Qodir Zaelaeni; Rudi Santoso

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The annulment of a marriage certificate as a product of state administrative law creates complex juridical issues concerning the legality of marriage administration, protection of civil rights, and legal certainty within society. This study aims to analyze the legal consequences of the annulment of Marriage Certificate Number 0026/26/I/2020 in the Decision of the Bandar Lampung State Administrative Court Number 15/G/2023/PTUN.BL and to examine the judges’ considerations from the perspective of siyasah qadha’iyyah. This research employs a normative juridical method using statutory, case, and conceptual approaches within Islamic political jurisprudence. Data sources were obtained from court decisions, legislation, classical Islamic legal texts, and relevant scientific journals. The findings indicate that the annulment of a marriage certificate revokes the administrative legal force of the marriage registration but does not automatically invalidate the marriage contract under Islamic law as long as the pillars and conditions of marriage are fulfilled. The decision demonstrates that the State Administrative Court has authority to examine the administrative aspects of marriage certificate issuance but lacks authority to determine the substantive validity of the marriage itself. From the perspective of siyasah qadha’iyyah, the judges’ decision reflects the implementation of justice, public benefit, legal certainty, and supervision over state administrative officials. This study emphasizes the necessity of strengthening marriage administration systems based on good governance principles and maqashid al-shari’ah to prevent administrative legal disputes in marital affairs.

Muhammad Rafly Passya; Muhammad Irsyad Al-Fahrizi; Gerald Ivanza Iskandar; Rizha Claudilla Putri

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The protection of workers’ rights represents a constitutional mandate within Indonesia’s rule of law framework. Although the national labor law system provides a civil litigation mechanism through the Industrial Relations Court to resolve disputes, violations of workers’ rights still frequently occur in practice. This study aims to analyze, from normative and theoretical perspectives, the protection of workers’ rights through civil lawsuit mechanisms and to evaluate their effectiveness in achieving substantive justice. The research applies a normative juridical method using statutory, conceptual, and case approaches to examine relevant legal provisions and their implementation. The findings reveal that the civil litigation mechanism provides a clear legal basis for workers to pursue claims and defend their rights. However, its effectiveness in practice remains limited due to several challenges, including structural constraints within the legal system, complex procedural requirements, and unequal bargaining power between workers and employers. These conditions often hinder workers from obtaining fair outcomes. Therefore, policy reform, simplification of legal procedures, and stronger access to justice are necessary to ensure more effective and substantive protection of workers’ rights in Indonesia.

Manda Apta Firanti; Dinda Pratiwi; Gladicya Amanda Br. Purba; Herlini Puspika Sari

Moral : Jurnal kajian Pendidikan Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines the integration of Islamic education values in supporting the achievement of the Sustainable Development Goals (SDGs) 2030. The background of this research is rooted in the increasing global demand for education systems that not only emphasize cognitive competence but also foster moral integrity, social responsibility, and environmental awareness. Islamic education, with its foundational values such as tawhid (divine consciousness), adl (justice), amanah (responsibility), and mizan (balance), offers a holistic framework that aligns with the principles of sustainable development. The objective of this research is to analyze how Islamic educational values can be conceptually and operationally integrated into educational practices to contribute to the SDGs agenda. This study employs a qualitative approach using library research as the primary method, collecting and analyzing relevant academic literature published in recent years. The findings indicate that the integration of Islamic values through contextual learning, reflective discussions, character-building activities, and social engagement initiatives can enhance students’ awareness of global issues, empathy, inclusivity, and ecological responsibility. Although challenges remain in curriculum standardization and character assessment mechanisms, the study concludes that Islamic education has strong potential to function as a transformative educational model. The implications of this research suggest the need for curriculum development, teacher capacity building, and institutional commitment to ensure that Islamic education meaningfully contributes to sustainable global development.

Aulia Wulandari; Jihan Laila Barokah; Rosita Rosita; Yulischa Putri Utami; M. Yusuf Bahtiar

Jurnal Publikasi Ekonomi dan Akuntansi 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The development of modern economic systems shows that conventional approaches are often criticized for focusing too much on rational and mathematical aspects, while giving less attention to ethical and moral values in economic activities. This condition has encouraged the emergence of alternative systems that combine material and spiritual elements, one of which is the Islamic economic system.This study aims to analyze the characteristics and structure of the Islamic economic system as a framework based on Sharia principles. The research uses a qualitative approach with a literature review method by examining various relevant sources. The data are analyzed descriptively to better understand the basic concepts and structure of the Islamic economic system.The results show that Islamic economics has key characteristics such as a strong connection to divine values, a balance between individual and social interests, and an emphasis on justice and social responsibility in economic activities. Therefore, Islamic economics not only regulates economic practices but also incorporates moral and ethical values to achieve overall social well-being.This study is expected to contribute to the development of Islamic economic studies and can be used as a reference for building a more fair and sustainable economic system.

Iqlimah Nadhilah; Ivan Zairani Lisi; Rini Apriyani

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to analyze criminal acts that may be qualified as perpetrators of the crime of obstruction of justice from the perspective of the criminal law applicable in Indonesia, as well as to analyze the application of the law against perpetrators of obstruction of justice in Indonesia. The type of research used in this thesis is doctrinal research. The doctrinal approach has a normative character; therefore, its object of study consists of a set of legal norms (black letter law) at the level of application (professional constituency), or, at certain levels of analysis, this approach extends to the examination of legal theory. Based on the results of the research, the author finds that the provisions governing acts that may be qualified as the crime of obstruction of justice in Indonesia encompass all forms of interference, from the beginning to the end, with the entire ongoing legal and judicial process. A perpetrator of obstruction of justice is aware that a person has committed a crime or is undergoing a legal process and then deliberately commits acts that may hinder or obstruct law enforcement officials in conducting examinations of the criminal offender, with the purpose that the processes of investigation, prosecution, or examination before the court are impeded, cannot be carried out, or ultimately fail to be carried out. The forms of legal enforcement against perpetrators of acts obstructing the judicial process (obstruction of justice) in Indonesia include, among others, intentionally damaging, concealing, or destroying evidence before or after the commencement of the investigation process.

Marbun, Christian Dody Diori

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corporate involvement in environmental crimes has emerged as an increasingly complex legal challenge in Indonesia, given its profound consequences for ecological sustainability and public welfare. This study examines the normative construction of corporate criminal liability within Indonesia's positive legal framework and identifies juridical obstacles undermining enforcement effectiveness. A normative legal research method was employed, incorporating statute, conceptual, and comparative approaches. Although legal instruments such as Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and Law No. 1 of 2023 provide a formal basis for corporate criminal accountability, their implementation is hindered by normative inconsistencies. Key obstacles include difficulties in proving corporate mens rea, limited institutional capacity, regulatory ambiguity, and absence of Piercing the Corporate Veil integration. These conditions create normative gaps perpetuating weak corporate accountability recurring environmental violations. This study recommends regulatory reformulation, harmonization of legal instruments, strengthened institutional capacity toward effective and equitable environmental justice.

Dasep Nurdin; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Santo Yohanes; Nikodemus Nikodemus; Yohanes Endi

Jurnal Budi Pekerti Agama Kristen dan Katolik 2026 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This paper attempts to explore the theological meaning of the Book of Job, particularly in the context of Job's suffering and God's justice. The author focuses this writing on understanding faith in suffering, with the aim of providing a deep interpretation of faith in suffering. The Book of Job is part of the Wisdom Books group consisting of 42 chapters, which discuss the suffering experienced by Job himself, and how he responded to the trials given to him by Satan with God's permission. This writing uses qualitative methods and a library research approach. This paper explains that the Book of Job provides a complex picture of the relationship between human suffering and God's justice. The main finding in this writing is highlighting the urgency of deep reflection on trust, tests of faith, and the meaning of life, leading to the conclusion that suffering is interpreted as an instrument of refining faith in God, then guiding believers towards His will and providence. Therefore, the conclusion of this paper is that suffering is interpreted as an instrument of priesthood of God, which then guides humans who believe in God's will and providence.

Amelia Nurasiah; Husnul Kholifah Nur Inayah; Rizka Anggriani; Lina Marlina; Ana Fauziya Diyana

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2026 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study aims to analyze the concept of social welfare in the thought of Al-Farabi and its relevance to economic development. Al-Farabi explains that the main goal of social life is to achieve happiness (al-sa‘ādah), which is not only related to material welfare but also includes moral, intellectual, and spiritual values. This research uses a qualitative method with a library research approach by analyzing the works of Al-Farabi and various relevant scientific literatures. The results show that the concept of social welfare according to Al-Farabi is based on four main principles: social happiness, social justice, community cooperation, and the role of morality and education. These principles indicate that social welfare is not only dependent on economic aspects but also on ethical values, wise leadership, and social cooperation within society. Furthermore, Al-Farabi’s thought is also relevant to modern economic development, particularly in terms of distributive justice, moral-based development, and the role of the state in achieving public welfare.

Nanda Nosie Perdana Putri; Nadia Ummi Nabilah; Rizha Claudilla Putri

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged transformation in the administration and implementation of the judicial system in Indonesia, including within civil procedural law. The civil justice process, which has traditionally relied on manual procedures as regulated in the HIR and RBg, faces several limitations such as lengthy procedures, relatively high costs, and limited access for justice seekers. To address these challenges, the Supreme Court introduced the e-court system as part of judicial modernization through the digitalization of case administration and court proceedings. This study aims to analyze the effectiveness of the implementation of e-court in realizing procedural justice within civil procedural law and to examine the relationship between the classical procedural provisions contained in HIR/RBg and the newer regulations governing electronic court administration. The research employs a normative legal research method using statutory and conceptual approaches by examining legal provisions and the concept of procedural justice within the judicial system. The findings indicate that the implementation of e-court reflects a paradigm shift in civil procedural law from a formalistic system toward a more digital and administrative system that improves efficiency in case administration and accelerates dispute resolution. However, this transformation also raises questions regarding the harmonization of legal norms between the regulations governing electronic court systems and the traditional civil procedural rules. Nevertheless, the implementation of e-court has positive implications for the realization of the principles of simple, fast, and low-cost justice while also improving public access to more effective and efficient judicial services.

Edi Wakhyudin, Selsyah Saputri; Alifah, Farah Nur; Sirli Dwianda; Shabira Aisyah; Dhealinda Jasmine +6 more

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of integrity and ethics among Civil Servants (ASN) in public service delivery at the 5 Ilir Subdistrict Office in Palembang City. The 5 Ilir area, which is located in an urban setting with high population density and dynamic socio-economic activities, requires subdistrict officials to provide fast, responsive, and citizen-oriented services. The study adopts a qualitative approach using purposive sampling, designating the Head of the Subdistrict as the key informant. Data were collected through semi-structured interviews, direct observation of administrative service processes, and document analysis. Data analysis was conducted using a descriptive qualitative method to identify practices, values, and mechanisms related to the enforcement of integrity and ethics in public services. The results indicate that the implementation of integrity and ethics at the 5 Ilir Subdistrict Office is reflected in transparent standard operating procedures, an open queuing system, routine briefings, internal and external supervision mechanisms, and responsive leadership in addressing community issues, including the resolution of social conflicts and flood mitigation. The existence of a legal aid post further strengthens public access to justice. The enforcement of integrity is not merely normative but is systematically implemented through regulations, organizational culture, and oversight mechanisms. This study recommends strengthening the digitalization of public services as a strategy to enhance transparency, accountability, and service quality at the subdistrict level.

Indri Purwanti; Silvianingsih Silvianingsih; Zaskia Adya Mecca; Lina Marlina; Ana Fauziya Diayana

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to critically examine the concept of economic justice proposed by Abu Ubaid al-Qasim bin Sallam in his work Al-Amwal and to evaluate its relevance to contemporary economic dynamics. The research applies a qualitative approach using a library research method, in which Al-Amwal serves as the primary source, supported by various secondary references related to Islamic economics and theories of distributive justice. The data were analyzed through content analysis to identify Abu Ubaid’s core ideas, followed by a comparative approach to relate his framework to modern economic principles and practices. The findings reveal that Abu Ubaid’s concept of economic justice is both distributive and structural in nature. It not only emphasizes equitable wealth distribution but also highlights the importance of systemic regulation and public policy oriented toward social welfare. Zakat is positioned as a central instrument for wealth redistribution aimed at reducing social inequality and alleviating poverty. Furthermore, the state plays a strategic role in managing public resources transparently and fairly to ensure collective prosperity. Ethical values are also fundamental in economic activities to prevent exploitation, injustice, and imbalance. Overall, Abu Ubaid’s economic thought remains highly relevant in addressing modern challenges, particularly issues of income inequality, social justice, and sustainable development in today’s global economic system.

Immoto Qoonita Naflah Maulana; Siti Dhiya Tiara; Keysyah Aulia Hidayat; Sri Handayani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the consistency of judges' legal reasoning in deciding land ownership disputes and its implications for the fulfillment of the principle of legal certainty. The primary focus of this study is directed at Decision Number 16/PDT/2020/PT PLG, where differences in legal perception or evidentiary evaluation occurred at the appellate level. Land disputes are a crucial issue that requires legal firmness to avoid uncertainty for justice seekers. The research method used is normative legal research with a case approach and a statutory approach. Data were sourced from secondary data consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The results show that the consistency of the judges' reasoning in Decision Number 16/PDT/2020/PT PLG depends heavily on the accuracy of assessing evidence, particularly documentary evidence (certificates) and witness testimony. Inconsistency between factual considerations and the application of legal norms has the potential to undermine the principle of legal certainty. This study concludes that strengthening the standards of legal reasoning based on the principle of ex aequo et bono and adherence to civil procedural law is absolutely necessary so that judicial decisions do not only resolve disputes procedurally but also provide certainty of ownership rights for thelitigating parties.

Hulu Yerdin Kobak

Jurnal Budi Pekerti Agama Kristen dan Katolik 2026 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Social conflicts experienced by indigenous peoples in Yahukimo Regency, Papua Pegunungan, reveal the vulnerability of civilians due to violence, displacement, and weak protection of basic rights in situations of prolonged conflict. These conditions indicate a gap between conflict management policies and the real needs of indigenous peoples for justice, peace, and social recovery. This study aims to analyze the role of the church in responding to social conflicts experienced by indigenous peoples in Yahukimo Regency. This study was conducted using qualitative methods through a descriptive-analytical approach based on literature studies and analysis of the socio-religious context of Papua. This study confirms that the church has a strategic role as an agent of peace and a prophetic voice in defending the dignity and rights of indigenous peoples amid social conflict. The results of the study show that the church's involvement in pastoral counseling, humanitarian advocacy, and peace awareness building contributes to strengthening the social resilience of indigenous peoples. The study concludes that the role of the church needs to be directed in a more contextual and sustainable manner in order to promote fair and dignified conflict resolution. The recommendations of this study emphasize the importance of strengthening the role of the church in peace dialogue and cross-stakeholder cooperation for the social recovery of indigenous peoples in Yahukimo.

Hani Fu’adatun Nafisa; Lina Marlina; Ana Fauziya Diana

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study analyzes the concept of al-Kasb in the view of Muhammad ibn al-Hasan al-Shaybani and assesses the relationship between this concept and contemporary work ethics. With the changes in the modern economic system, which emphasize efficiency, objective rationality, and the achievement of optimal results, various ethical conflicts in the professional and business world have become more apparent. The methodology applied in this study is a literature review with a descriptive-analytic approach, through the analysis of classical and contemporary texts to explore the theological, ethical, and social aspects contained in the concept of al-Kasb, and then conceptually compare it with the characteristics of modern work ethics. The findings of this study show that al-Kasb is not only understood as an economic activity aimed at accumulating wealth, but also as a normative guide that integrates the goals of worship, ethical responsibility, and social obligations in the production process. Work activities are viewed as an individual responsibility that supports the practice of worship and as a collective responsibility to maintain social-economic welfare and harmony. Therefore, al-Kasb provides an integrative ethical foundation that has the potential to enrich and strengthen current work ethics by emphasizing values of integrity, justice, and social responsibility in the economic aspects of life.

Nazvia Alyssa Dwi Utami; Amanda Amanda; Moulyta Elgi Trinanda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Industrial development in Indonesia has significantly contributed to national economic growth; however, it also poses potential risks of environmental pollution when corporate waste management is not conducted properly. Environmental pollution resulting from corporate waste activities may cause harm to surrounding communities, including health problems, ecosystem degradation, as well as material and immaterial losses. In this context, the class action mechanism serves as a relevant legal instrument to collectively advocate for the rights of affected communities. This study aims to analyze the implementation of the class action mechanism in environmental pollution cases based on Decision Number 29/Pdt.G/2023/PN.Skh and to evaluate its effectiveness in providing legal protection and restoring the rights of affected communities. This research employs normative legal research using statute approach, case approach, and conceptual approach. The findings indicate that the class action mechanism in the aforementioned decision fulfilled the requirements of numerosity, commonality, typicality, and adequacy of representation as regulated under Supreme Court Regulation (PERMA) Number 1 of 2002. Procedurally, the class action proved effective in enhancing access to justice, ensuring judicial efficiency, and strengthening the protection of the constitutional right to a good and healthy environment. However, its substantive effectiveness remains dependent on the fulfillment of formal requirements, the quality of evidence presented, and the consistent application of environmental law principles by judges. Therefore, the class action mechanism constitutes an important instrument in environmental law enforcement, yet it requires consistent regulatory support and judicial practice to achieve optimal ecological justice.

Asa Maghriza; Marwan Suliandi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

Martini; Marzuki

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2026 LPPM Universitas 17 Agustus 1945 Semarang

The phenomenon of adolescent suicide is a significant and increasing mental health problem in various countries, including Indonesia, influenced by complex social, psychological, and economic pressures. This study aims to analyze the relevance of Pancasila Education in efforts to prevent adolescent suicide cases. The method used is a literature review by analyzing and synthesizing national and international scientific articles published from 2021 to 2025. This study is not yet applied; it only aims to build a theoretical construct regarding the contribution of Pancasila values ​​to adolescent mental health. The results of the study indicate that Pancasila values, namely the values ​​of divinity, humanity, unity, deliberation, and social justice, can build spirituality, empathy, social bonds, communication skills, and a sense of justice in adolescents. The implementation of these values ​​in the character learning process can foster mental resilience, social awareness, and life expectancy, thus Pancasila Education has relevance as a preventive strategy in supporting the prevention of suicide cases in adolescents.

Siregar, Mangihut; Shu'Udin, Achmat

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2026 LPPM Universitas 17 Agustus 1945 Semarang

This study analyzes the construction and contestation of the “green development” narrative within Indonesia’s nickel downstreaming policy, particularly in the Sulawesi region. Using a Critical Discourse Analysis (CDA) approach, the study examines how the state and corporations form a discursive coalition that dominates the policy space, as well as how counter-narratives from civil society critique the social and ecological impacts of mining expansion. The findings show that the dominant narrative emphasizes energy transition and economic growth, while overlooking agrarian conflicts, pollution, and the marginalization of local communities. A crosstab analysis of five types of policy documents indicates that public involvement remains very limited, with the majority of policy formulation processes taking place without substantive participation. This condition reveals an imbalance in the deliberative structure and the exclusion of meaning within the policy process. The study concludes that the green development narrative in nickel policy has functioned as a political-economic instrument of legitimation that sacrifices ecological justice. Institutional reform is therefore required to ensure spaces for public participation and recognition of local community narratives as part of a just and sustainable energy transition.

Sandra Leoni Prakasa Yakub; Santi Suryani; Fitriyani Yuliawati; Muhamad Reza Atqia; Wili Suminar

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.