Legal Reconstruction Of Accountability For The Security Of Electronic-Based Government Systems Based On The Principles Of Good Governance

DOI

10.2991/978-2-38476-529-4_12How to use a DOI?

Keywords

Electronic-Based Government System; Legal Reconstruction; Good Governance

Abstract

The management of accountability for the security of the electronic-based government system (EBGS) in Indonesia is seriously compromised by structural and legal shortcomings. This study assesses the regulatory framework, based on Presidential Decree No. 95 of 2018, in light of the General Principles of Good Governance (GPGG). Using a normative legal research methodology that combines legislative and comparative approaches, the research confirms the structural and substantive inadequacy of the current regulations. The analysis reveals a fundamental violation of the FGP (legal certainty, transparency, public interest) due to two major shortcomings: a hierarchical deficit, as the presidential decree lacks the enforceability to impose punitive administrative sanctions, and an enforcement deficit, as the National Cybersecurity and Cryptocurrency Agency (BSSN) is limited to an advisory role without the power to conduct mandatory audits or take coercive measures. These failures are empirically evidenced by recurring systemic incidents, such as the PDNS and KPU data breaches. The end result is the identification of the ideal regulatory reconstruction: the urgent adoption of a law on economic and social governance systems (EBGS) to remedy the hierarchical deficit, combined with the empowerment of the BSSN to exercise mandatory audit powers and impose clear and enforceable administrative sanctions. This reconstruction is essential to restore legal certainty and effective state accountability.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Farhan Zaidan Alfajri
AU  - Fatma Ulfatun Najicha
PY  - 2025
DA  - 2025/12/28
TI  - Legal Reconstruction Of Accountability For The Security Of Electronic-Based Government Systems Based On The Principles Of Good Governance
BT  - Proceedings of the International Conference on Democracy and National Resilience 2025 (ICDNR 2025)
PB  - Atlantis Press
SP  - 133
EP  - 149
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-529-4_12
DO  - 10.2991/978-2-38476-529-4_12
ID  - Alfajri2025
ER  -