Executive Dominance in Strategic Policies Threatens Protection of Citizens' Rights

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Recent research on the political dynamics of state administrative law in Indonesia conducted by Sentosa Gulo and Zainuddin from the University of Muhammadiyah North Sumatra, Medan, published in July 2026, highlights how the dominance of executive power in strategic policies risks neglecting the protection of citizens' rights. This research holds a crucial role in evaluating the enforcement of the rule of law principle amidst rapid infrastructure development and national investment.

In a state governed by law, law should act as the commander-in-chief. However, in practice, the direction of legal politics is frequently dominated by the interests of forming regulations oriented toward economic growth. Large-scale strategic policies such as the National Strategic Projects (PSN) and the Job Creation Law frequently test the fundamental principles of government administration and legal certainty for the public.

To examine this issue in depth, the researchers used a normative legal research method with a statutory approach and a case approach. Through this approach, the researchers examined how administrative legal products and the implementation of public officials' discretion are tested against the principles of good governance.

Analysis conducted by Gulo and Zainuddin revealed several key findings as follows:

  • The dominance of executive power causes public policies to tend toward being pragmatic, centralistic, and more oriented toward economic efficiency and investment stability rather than the protection of people's rights.
  • There is a neglect of the General Principles of Good Governance (AAUPB), especially the principles of prudence, transparency, and legal certainty.
  • The implementation of discretion in the National Strategic Projects (PSN) shows an expansion of authority that has the potential to trigger abuse of power through acceleration procedures that ignore environmental impact analysis (EIA) and public consultation.
  • The effectiveness of State Administrative Court (PTUN) supervision—although strengthened through Law No. 30 of 2014—is still constrained by weak execution of decisions and political obstacles.

These findings provide tangible implications for improving governance and civil rights protection in Indonesia. According to Sentosa Gulo and Zainuddin from the University of Muhammadiyah North Sumatra, strengthening legal supervision, strictly limiting discretion, and increasing public participation are absolute steps that must be taken so that the principle of the rule of law is not eroded solely by economic interests. Without such improvements, the public remains vulnerable to harm from development policies that ignore transparent and participatory procedures.

Author Profiles

  • Sentosa Gulo – Researcher and academic in the field of state administrative law from the University of Muhammadiyah North Sumatra, Medan.
  • Zainuddin – Researcher and academic in the field of law from the University of Muhammadiyah North Sumatra, Medan.

Research Sources

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