A LEGALITAS DAN AKUNTABILITAS DALAM PEMBERIAN IZIN USAHA BERBASIS RISIKO: KAJIAN NORMATIF YURIDIS TERHADAP ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK (AUPB)

Abstract

This study aims to analyze the implementation of the principles of legality and accountability in the administration of risk-based business licensing in Indonesia, with reference to the General Principles of Good Governance (AUPB). The research employs a normative juridical approach, using the statute approach, conceptual approach, and case approach. The data are obtained from primary legal materials (laws and regulations), secondary legal materials (doctrines, books, and scholarly articles), and tertiary materials (institutional and administrative legal documents).

The findings indicate that the implementation of the Online Single Submission Risk-Based Approach (OSS-RBA), as regulated under Government Regulation No. 5 of 2021 on Risk-Based Licensing, has improved efficiency and transparency in the licensing process. However, it also poses new challenges to the principles of legality and accountability. The automated issuance of licenses without direct human verification potentially weakens legal certainty and obscures administrative accountability. Consequently, the principle of legality has shifted from a formal to a functional orientation, while accountability remains weak in the context of digital governance.

This study concludes that the reform of risk-based licensing systems must be accompanied by the strengthening of legality and accountability principles through the establishment of clear technical regulations defining officials’ legal responsibilities, the development of a digital accountability framework, and the reinforcement of the role of the Administrative Court (PTUN) in supervising electronic administrative decisions.