Jul 2026· Mendapo: Journal of Administrative Law· Vol 7, pp. 269-287· 0 citations
TL;DR
It is emphasized that AI governance should be positioned as part of digital administrative governance and developed as a domain of Administrative Law to ensure legality, public interest protection, and legal certainty in the digital transformation era.
Abstract
The rapid development of Artificial Intelligence (AI) has significantly transformed public governance, public services, and the digital ecosystem. However, such advancement has not been accompanied by the establishment of a comprehensive administrative legal framework in Indonesia. AI-related regulations remain fragmented across sectoral legal regimes, resulting in regulatory inconsistency, unclear supervisory authority, weak auditing mechanisms, and limited administrative accountability in AI deployment. This research aims to analyze the weaknesses of AI governance in Indonesia and reconstruct an administrative supervision model of AI from the perspective of Administrative Law, considering global regulatory practices. This study employs normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia has not yet established an integrated administrative governance framework for AI, particularly regarding regulatory authority, administrative discretion, algorithmic audits, certification, compliance oversight, and accountability of administrative bodies or public officials. Drawing from the European Union Artificial Intelligence Act, OECD AI Principles, and UNESCO Recommendation on the Ethics of Artificial Intelligence, this study proposes a reconstructed administrative governance model based on risk-based supervision, strengthened regulatory authority, compliance auditing, certification mechanisms, and institutional accountability. This research emphasizes that AI governance should be positioned as part of digital administrative governance and developed as a domain of Administrative Law to ensure legality, public interest protection, and legal certainty in the digital transformation era.
This paper analyzes the regulation of Artificial Intelligence (AI) in Indonesian regional government from a public law and administrative governance perspective. Under Law No. 23 of 2014 on Regional Government, regional governments exercise authority over at least 32 concurrent governmental affairs that increasingly require technological innovation to improve efficiency, accountability, and public service delivery. Despite the growing adoption of AI, its utilization raises legal challenges, including data protection risks, algorithmic bias, accountability gaps, and fragmented governance practices. Using a normative juridical approach with doctrinal, policy, and limited comparative illustrative analysis, this study examines the existing legal framework governing electronic-based government administration, including the Regional Government Law, the Law on the Formation of Legislation, the Law on Government Administration, and related regulatory instruments. The findings reveal the absence of a specific and integrated legal framework regulating AI utilization at the regional government level, resulting in legal uncertainty and inconsistent implementation across regions. This paper argues that Regional Regulations (Peraturan Daerah) provide the most appropriate legal instrument to govern AI utilization in regional government, grounded in principles of regional autonomy, legislative authority, and administrative discretion. Proactive regional regulation is therefore essential to ensure lawful, transparent, and trustworthy AI governance.
Imelda, Rozi Beni· Nusantara Science and Techno...· 0 citations
Applied to African AI governance domains, this framework reveals how institutional fragmentation, infrastructural dependency, and global platform dominance undermine state-centred regulatory models.
Chijioke I. Okorie· Potchefstroom Electronic Law...· 0 citations
Artificial intelligence (AI) has become a transformative force in public administration, reshaping governmental decision-making, administrative efficiency, and public service delivery. However, its increasing integration raises complex legal and ethical questions regarding accountability, transparency, liability, the protection of fundamental rights, and the ethical legitimacy of automated administrative decision-making. This paper examines the legal impact of AI technologies on public administration from the perspectives of administrative law and Islamic legal ethics, focusing on how traditional administrative law principles are challenged by autonomous and algorithm-driven decision-making systems. The study adopts a doctrinal legal approach combined with a comparative analysis of national and international regulatory frameworks, including the OECD AI Principles, the UNESCO Recommendation on the Ethics of Artificial Intelligence, and the European Union Artificial Intelligence Act. The analysis demonstrates that while AI enhances administrative performance and policy effectiveness, it simultaneously creates legal uncertainty due to algorithmic opacity, fragmented regulation, unclear liability attribution, and insufficient ethical safeguards. From the perspective of Islamic legal ethics, the legitimacy of AI in public administration depends on its consistency with the principles of justice (al-'adl), public welfare (maṣlaḥah), accountability (mas'uliyyah), and the prevention of harm (lā ḍarar wa lā ḍirār). The study concludes that effective AI governance requires comprehensive legal reform integrating transparency, meaningful human oversight, enforceable regulatory standards, and ethical principles capable of ensuring that technological innovation remains consistent with constitutional values and the objectives of good governance.
Ahmed Adil Musa Al-Hayani· Mitsaqan Ghalizan· 0 citations
An academic adaptation of Patrick Rudolf Dannacher's presentation at the 10th Jakarta Geopolitical Forum 2026 is presented, examining Indonesia's strategic position in the evolving global AI landscape.
Patrick Rudolf Dannacher Dannacher· Proceeding Jakarta Geopoliti...· 1 citation
Artificial intelligence has moved from a specialised technical concern to a central object of international economic and security policy, yet global governance arrangements remain fragmented across competing regulatory models. This article addresses how policymakers can reconcile innovation, competitiveness, human rights, security and sustainability within a coherent governance architecture for artificial intelligence operating across national, regional and multilateral levels. The goals include the review of the governance theory and current practices applicable to AI regulations, analysis of stakeholders' interests and influence, estimation of the possible economic, social, legal, technological and environmental effects of such an arrangement, as well as the design of a feasible multi-level governance system with monitoring and evaluation mechanisms. The article utilises a qualitative comparative policy analysis based on primary legal documents, which include Regulation (EU) 2024/1689, OECD Recommendation on Artificial Intelligence (as amended in 2024), UN Resolution A/RES/79/325 of 2025, and the Global Digital Compact of 2024, in addition to the academic literature on the subject from peer-reviewed sources and books. This paper proposes a framework that takes into account the multi-level and adaptive governance approaches with a particular emphasis on digital sovereignty, thereby creating a three-tier architecture that will include global normative coordination, regional and plurilateral regulatory clusters, and national or sectoral implementation, illustrated by the case study of Kenya, which has created its National Artificial Intelligence Strategy 2025-2030. The main findings in the paper suggest that regulation fragmentation among the European Union, the United States, and China is growing rather than converging, that multilateral instruments do not possess any kind of binding enforcement mechanism, and that low- and middle-income countries like Kenya experience capacity limitations even when developing a proactive national strategy. This paper argues that a layered subsidiarity approach, with specific financing for capacity-building and technical standards that work across the board, is more likely to deliver effective global AI governance than calls for a binding treaty.
Asher Odhiambo Ojuok, Julius Murumba, E. Micheni· East African Journal of Info...· 0 citations
It is argued that ESG frameworks, which evolved through incremental adjustment, may prove insufficient for governing algorithmic systems and proposed adding a fourth pillar, Algorithmic Governance, within an extended ESGA framework to address risks that transcend traditional governance categories.
Pitabas Mohanty, Supriti Mishra· Business Strategy and the En...· 0 citations
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