The Needed But Unwanted Independent Regulatory Agencies: Questioning Their Legitimacy And Control In Indonesia

Rizki, Ramadani and Andika, Prawira Buana (2018) The Needed But Unwanted Independent Regulatory Agencies: Questioning Their Legitimacy And Control In Indonesia. In: 2nd International Conference on Law, Governance and Social Justice (ICOLGAS 2020).

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Along with the wave of democracy in 20th century, one of the most dominant trends of public institution in OECD countries is the shift from a centralized bureaucracy to a decentralized and autonomous institution. Such are the so called “Independent Regulatory Agencies” (IRAs). The same trend happened in Indonesia especially after the amendment of 1945 Constitution. With its regulatory power and independency from the elected officials like president and legislative, it is not uncommon for these agencies to cause controversy and triggering conflicts. As a normative legal studies, this research try to analyze and explain how IRAs can fit to the Indonesia’s government system and determine the extent to which control and supervision can be carried out correctly. Both by using statute and conceptual approach based on best practice in US and Western Europe, which then analyzed qualitatively. The results show that compared to those countries, IRAs in Indonesia are not well designed, thus raises constitutional debate in classical trias politica perspective. The discussion offers a “New separation of power” approach as a solution. Some cases also show that the government made various efforts to delegitimize the IRAs, even practice excessive control over those agencies. Therefore, the Input-Output model of control should be applied in the future. Keywords-Independent Regulatory Agencies; Legitimacy; Control

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Depositing User: operator 2
Date Deposited: 21 Aug 2023 01:29
Last Modified: 21 Aug 2023 01:29

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