Discretion of the Minister of Trade in the Sugar Import Case of 2015–2016 and the Limits of Authority and Accountability in State Administrative Law
Downloads
Indonesia, as a state based on the rule of law, adheres to the principle that every governmental act must be grounded in applicable regulations. Nevertheless, in practice, there are circumstances not explicitly addressed by legal provisions, creating the necessity for public officials to exercise discretionary authority. Discretion serves as a mechanism that enables flexibility in administrative decision-making to address legal gaps while remaining within the limits of existing legal frameworks. This study examines the concept, scope, principles, and boundaries of discretionary authority in administrative law and evaluates the Minister of Trade’s exercise of such authority in the 2015–2016 sugar import case. Employing a normative juridical method with legislative and conceptual approaches, this research reveals that discretion is tightly regulated to prevent abuse of power, including the requirement of procedural compliance and inter-agency coordination. The findings from the sugar import case demonstrate that although the Minister’s policy was intended to serve the public interest, it did not comply with procedural coordination requirements and breached established procedures, thereby raising disputes over the legality of the discretionary action. The study concludes that discretion must always be carried out in accordance with the principles of legality, accountability, and effective coordination between relevant governmental bodies. This study contributes to clarifying the boundaries between legitimate discretion and abuse of authority within Indonesia’s state administrative law framework.
Copyright (c) 2025 Hadi Mustopa, Metty Sander, Franciscus Xaperius Wartoyo

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.


