The Role of the Administrative Court to Promote Administrative Reform in Indonesia

DOI

10.2991/978-2-38476-104-3_46How to use a DOI?

Keywords

Administrative; Court; Reform; Government; Indonesia

Abstract

Administrative reform in Indonesia has been going on for the last 20 years or so. Various patterns of progress and stagnation have emerged along with administrative reform in the central and local governments. Administrative reform has been analyzed and evaluated mainly from the perspectives of administration and politics, but it is very rare to consider it from the lens of administrative justice in Indonesia. Many decisions and legal breakthroughs in judicial decisions of the administrative courts have directly contributed to encouraging changes in the government. Moreover, the application of the principles of good administration needs to be realized through law enforcement. The research method is a normative legal study. This paper argues that the role of the administrative court is very important to create better administrative reform, although with limited powers. Administrative courts do not have the authority to go too deep into the area of consideration and administrative autonomy because it relates to the principle of separation of powers. However, several judicial decisions show that the judge’s arguments and decisions can provide encouragement for the government to improve decision-making procedures that are contrary to the law and the principles of good governance.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Dinoroy Marganda Aritonang
PY  - 2023
DA  - 2023/09/29
TI  - The Role of the Administrative Court to Promote Administrative Reform in Indonesia
BT  - Proceedings of the  Fourth International Conference on Administrative Science (ICAS 2022)
PB  - Atlantis Press
SP  - 480
EP  - 490
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-104-3_46
DO  - 10.2991/978-2-38476-104-3_46
ID  - Aritonang2023
ER  -