Dari Regulasi ke Realitas: Analisis Kesenjangan antara Norma Hukum Perizinan dan Praktik Birokrasi di Indonesia
The licensing system in Indonesia is normatively designed to ensure legal certainty, transparency, and accountability in the administration of public affairs. However, in practice, a significant gap persists between the written regulatory framework and bureaucratic implementation. This article critically examines the discrepancy between licensing norms and administrative practices by highlighting structural, cultural, and political factors that influence execution. Employing a socio-legal approach and case studies in the environmental and micro-enterprise sectors, the study reveals that procedural complexity, overlapping institutional authority, and uncontrolled discretion are key contributors to this divergence. Moreover, informal practices such as illicit levies and administrative negotiations reflect weak institutional integrity within licensing processes. The article also evaluates the role of legal reform, particularly the implementation of the Online Single Submission (OSS) system, in mitigating such gaps, while critiquing the logic of deregulation that may undermine precautionary principles and public protection. By integrating normative and empirical analysis, this study recommends strengthening institutional capacity, limiting administrative discretion, and enhancing public participation as strategic measures toward a more equitable and effective licensing system.
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