Focus and Scope

JAPHTN-HAN is devoted to advancing high-quality scholarship in the field of public law, with a particular emphasis on Constitutional Law and Administrative Law as its primary areas of inquiry. Both domains constitute the normative and institutional foundation of state governance, and each has developed into a complex body of knowledge with distinct yet interconnected sub-disciplines.

1. Constitutional Law (Hukum Tata Negara), Constitutional Law concerns the fundamental legal structures that organize, limit, and legitimize the exercise of state power. It encompasses both the normative principles underlying constitutionalism and the institutional mechanisms designed to uphold the rule of law and democratic governance. Research in this area may address, inter alia:

• Constitutional theory and philosophy, including the principles of separation of powers, checks and balances, and constitutional identity.

• Comparative constitutional studies, examining institutional design and constitutional evolution across different jurisdictions.

• Human and constitutional rights protection, analyzing mechanisms for safeguarding fundamental rights and freedoms.

• Electoral and political law, focusing on the legal frameworks regulating elections, political parties, and democratic participation.

• Judicial review and constitutional adjudication, including the role of constitutional courts in maintaining constitutional supremacy.

• Decentralization and federalism, addressing the allocation of powers between central and regional governments.

2. Administrative Law (Hukum Administrasi Negara), Administrative Law governs the structure and functioning of the executive branch and its relationship with citizens, ensuring that public administration is conducted within a legal, fair, and accountable framework. The field has expanded significantly, with important sub-areas including:

   • General principles of good governance (AUPB), such as legality, proportionality, and due process.

   • Public service and civil service law, examining the duties and accountability of public officials.

   • Administrative justice and remedies, focusing on administrative courts, state liability, and mechanisms for resolving disputes between the state and individuals.

   • Regulatory governance, including licensing, supervision, and sanctions within administrative frameworks.

   • Public finance and procurement law, addressing issues of budgetary legality, fiscal responsibility, and state contracts.

   • Environmental and spatial planning law, analyzing administrative obligations in sustainable development and environmental protection.

3. Interrelation and Contemporary Relevance, while constitutional and administrative law have developed as distinct disciplines, they are deeply interrelated. Constitutional norms provide the overarching framework for administrative governance, while administrative practices operationalize constitutional principles in everyday governance. Current scholarly debates frequently address:

   • The constitutionalization of administrative law and its implications for judicial review; The influence of international and transnational norms on domestic public law.

   • Emerging challenges in the regulation of technology, digital privacy, and algorithmic governance.

   • The role of public law in responding to crises, including public health emergencies, climate change, and migration.

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Positioning JAPHTN-HAN

JAPHTN-HAN seeks to position itself as a leading forum for interdisciplinary and critical engagement with public law issues, encouraging submissions that combine doctrinal analysis with empirical and socio-legal perspectives. The journal welcomes contributions that not only explore Indonesian constitutional and administrative law but also situate them within broader regional and global contexts. By fostering comparative and theoretical inquiry, JAPHTN-HAN aims to contribute to the development of innovative legal thought and to inform both scholarly debate and practical reforms in public law.