E-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)

Law Number 30 of 2014 on Government Administration limits the use of discretion so that it does not conflict with statutory regulations. The Law on Government Administration is intended to prevent abuse of power in the use of discretion. However, with the existence of the Job Creation Law, Article 175 has removed the requirement “not contrary to the provisions of the legislation” for government officials to exercise discretion. This change will harm government administration officials because of the potential for abuse of authority in the use of discretion. This paper uses the relevant literature review method and the laws and regulations related to these problems. The study results show no restrictions and mechanisms to control the new discretionary provisions regulated in the Job Creation Law. For this reason, the only remaining solution is to increase discretionary oversight to superior officials. The government takes a significant risk by eliminating the “not contrary to the provisions of the legislation.” If it is interpreted as a contrario, it can lead to the interpretation that discretion contrary to the laws and regulations can now be exercised freely. Therefore, a control mechanism and restrictions on the discretionary arrangement are needed.