Challenges of Digital Public Administration Regulation: An Administrative Law Perspective from Indonesia

Abstract

The digital transformation of public administration in Indonesia faces complex regulatory challenges from an administrative law perspective. This study analyzes the problematic legal framework for digital public administration using normative juridical methods by examining laws and regulations, administrative law principles, and related doctrines. The results show that the regulatory framework is fragmented and inconsistent, with provisions scattered across various laws without adequate coordination, creating legal uncertainty in the validity of electronic documents, digital identity authentication, and the distribution of authority between institutions. Personal data protection faces challenges due to weak transparency in data use, a lack of effective oversight mechanisms, and the absence of technical standards for impact assessment. Cybersecurity still faces a gap between threats and regulatory readiness regarding minimum security standards and incident reporting mechanisms. The use of algorithms and artificial intelligence poses accountability and transparency challenges that have not been anticipated by regulations, particularly the obligation to provide understandable explanations and audits to prevent algorithmic discrimination. The digital divide creates inequities in access to public services without a legal obligation to provide alternative services. The study recommends the need for a specific law on digital public administration, strengthening data protection oversight, establishing minimum cybersecurity standards, regulating the use of artificial intelligence, and requiring digital impact assessments on service accessibility to realize a fair, transparent, and accountable digital public administration.