scholarly journals MEREKONSTRUKSI SISTEM HUKUM ADMINISTRASI MENUJU HUKUM YANG MELAYANI

2015 ◽  
Vol 44 (2) ◽  
pp. 224
Author(s):  
Sri Nur Hari Susanto
Keyword(s):  
Public Service ◽  
Legal System ◽  
Public Interest ◽  
Paradigm Shift ◽  
Public Services ◽  
Administrative Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Principles ◽  
The Public

This research aims to reconstruct the legal system, especially state administrative law so that it can function as a law that can serve the public interest. Other objectives is to study conceptually harmonize laws and regulations relating to public service. The method used is a normative legal research, which explores the use of a conceptual approach. The results showed that the reconstruction of the administrative law which is oriented toward public service, it must first pay attention to the paradigm shift of the administration of the state itself. It is thus necessary to take measures to harmonize the legislation of sectoral public services based on the principles / legal principles that are generally acceptedPenelitian ini bertujuan untuk merekonstruksi sistem hukum khususnya hokum administrasi negara sehingga dapat difungsikan sebagai hukum yang dapat melayani kepentingan publik. tujuan lainnya adalah melakukan kajian konsepsional mengharmonisasikan peraturan perundang-undangan yang berkaitan dengan pelayanan publik. Metode penelitian yang digunakan adalah penelitian hukum normative, yang membahas menggunakan pendekatan konseptual. (conceptual Approach). Hasil penelitian menunjukan bahwa rekonstruksi hukum administrasi negara yang memiliki orientasi terhadap pelayanan publik, maka harus terlebih dahulu memperhatikan perubahan paradigma terhadap administrasi negara itu sendiri. Dengan demikian perlu dilakukan langkah-langkah untuk  mengharmonisasikan peraturan perundang-undangan sektoral bidang pelayanan publik dengan berpedoman pada prinsip-prinsip/asas-asas hukum yang berlaku umum

KRIMINALISASI KEBIJAKAN (BELEID) TERHADAP PEJABAT PEMERINTAH DALAM TINDAK PIDANA ADMINISTRATIVE CORRUPTION

2020 ◽  
Vol 1 (1) ◽  
pp. 1-14
Author(s):  
Basri Mulyani
Keyword(s):  
Phase Ii ◽  
Criminal Law ◽  
Public Interest ◽  
Research Method ◽  
Administrative Law ◽  
Government Officials ◽  
Conceptual Approach ◽  
The Public ◽  
Food Packages ◽  
The Right

This article aims to examine the case of the distribution of clothing and food packages phase II in East Lombok Regency, or better known as Eid packages in terms of the legal considerations of the judge's decision. The point of policy confusion in state administrative law with criminal law or better known as administrative corruption. Government officials who must implement the policy, when the program is running, must deal with the criminalization of the policies that it implements. Based on these issues it is interesting to discuss related to the legal considerations of the judge's decision to release the accused and whether all government officials have the right to discretion in carrying out their positions. The research method used is a descriptive normative method, with a statutory approach, a conceptual approach and a case approach. The results of the discussion revealed that criminal law is used carefully and operationalized truly as the last drug (ultimum remedium) and not necessarily used as the main drug (primum remedium) so that government officials are no longer afraid to carry out work in the public interest and community welfare.

scholarly journals أركان العقد الإداري وشروط صحته دراسة مقارنة

Twejer ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 707-738
Author(s):  
Mohammed Waheed Dahham ◽  
Keyword(s):  
Legal System ◽  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Public Authority ◽  
Public Facility ◽  
Administrative Contract ◽  
The Public ◽  
Decision Elements ◽  
Laws And Regulations

The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

scholarly journals Implementing Transparency and Participation: An Overview in Public Service

2021 ◽  
Vol 2 (1) ◽  
pp. 23-29
Author(s):  
Sitti Mutmainnah Syam ◽  
Syamsul Bachri ◽  
Andi Pangerang Moenta
Keyword(s):  
Public Service ◽  
Research Method ◽  
Public Services ◽  
Good Governance ◽  
Secondary Data ◽  
Data Sources ◽  
Conceptual Approach ◽  
The Public ◽  
Cluster Area ◽  
Secondary Data Sources

This research aims to know and explain the application of the principles of good governance, namely the principles of transparency and participation and the constraints of applying the principles of transparency and participation in public services. The research method used is empirical research method, to achieve this goal, so this research uses data collection techniques through interviews, observations, document studies, and documentation. While the data sources used are primary and secondary data sources. The approach of this research is conceptual approach that is moving from the views or doctrines that develop in the science of law and the approach of the Law, namely the approach carried out by edilah regulation related to legal issues that are being studied. The results revealed that the principle of transparency has not run optimally because the SOP has not been informed to the public, the principle of participation has not run optimally because the management of complaints has not been good. Therefore, in the context of public services that are a very strategic part in measuring good governance needs to be optimized by providing SOP information on information boards, websites, brochures, opening complaints through social media or working with village officials, head of Cluster Area to directly socialize public service procedures and policies to the community.

scholarly journals LEGAL PRINCIPLES OF THE UTILIZATION OF NATURAL RESOURCES

2020 ◽  
Vol 1 (1) ◽  
pp. 79-98
Author(s):  
Nikmah Fitriah
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Legal System ◽  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Is Research ◽  
National Legal System ◽  
Environmental Functions

This study aims to discover the principles of law in the use of natural resources. Pemanfaatan natural resources for the development and preservation of environmental functions must not be contradictory and mutual sacrifice, even the two should be mutually supportive and running parallel. The research method used is Normative or Doctrinal Law research, namely research on Legal Principles, Concepts, and Implementation in society. The type of pure legal research is research based on the view that law is a positive norm in the national legal system of legislation. Oriented in a positivistic understanding with a doctrinal method, a statute approach, a conceptual approach. The findings of this study are that the characteristics of laws and regulations that regulate the use of natural resources already contain the principles of sustainable development. Characteristics of statutory regulations governing the use of natural resources in the future in order to guarantee the value of certainty, the value of justice, and the value of the benefit in regulating the use of natural resources according to their function.

The Missing Piece: The Case for Administrative Law in the MSPA Curriculum

2017 ◽  
Vol 49 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Naomi Caiden
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Public Service ◽  
Public Interest ◽  
The United States ◽  
Administrative Law ◽  
Academic Education ◽  
Public Servants ◽  
The Public ◽  
Democratic Administration

Why is administrative law so neglected in the curricula of graduate public administration in the United States? In the light of professed adherence to democratic administration and rule of law, this gap in the academic education of public service professionals seems surprising and somewhat disconcerting. Public servants are not only empowered but obligated by law to use the power of the state to make decisions and take actions in the public interest. Yet, study of the theory, processes, and practices of administrative law seems to play little or no part in their preparation for these tasks.

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

scholarly journals Pemanfaatan Sempadan Pantai Kedonganan oleh Pengusaha Cafe Berdasarkan Perda Kabupaten Badung Nomor 26 Tahun 2013

2021 ◽  
Vol 2 (3) ◽  
pp. 638-644
Author(s):  
I Gede Yogi Arya Windiarta ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Public Services ◽  
Conceptual Approach ◽  
The Public ◽  
Criminal Sanctions ◽  
Temporary Suspension ◽  
License Revocation ◽  
Set Up ◽  
Administrative Sanctions

Spatial plans that are accommodated in a legal norm both at the central, provincial and city levels are in synergy with each other. The purpose of this study is to find out the legal arrangements in the Badung RTRW Regional Regulation on the use of the Kedonganan beach border by cafe entrepreneurs and what sanctions are imposed on the cafe entrepreneurs if they violate the Badung RTRW Regional Regulation. To achieve this goal, a normative research method is used using a statutory approach and a conceptual approach. The results of the study, namely the regulation of cafe entrepreneurs who set up cafes on the Kedonganan beach border, are regulated in Article 74 paragraph (2) letter d of the Badung Regency Regulation Number 26 of 2013 that by not building permanently on the beach border. In addition, it must also pay attention to the public interest. Sanctions that can be imposed on cafe entrepreneurs who set up cafes on the Kedonganan beach border if they violate the Badung Regency Regulation Number 26 of 2013 include criminal sanctions, namely Article 115 in the form of imprisonment or fines. Administrative sanctions in the form of written warnings; temporary suspension of activities: temporary suspension of public services; business closure; license revocation; license cancellation; demolition of buildings; restoration of space functions; and/or administrative fines as regulated in Article 112 paragraph (2).

scholarly journals Essential Facilities Doctrine Untuk Membatasi Hak Eksklusif Paten

2020 ◽  
Vol 5 (2) ◽  
pp. 389
Author(s):  
Fidyani Leirta Pramoediyanto
Keyword(s):  
Data Analysis ◽  
Intellectual Property ◽  
Public Interest ◽  
Descriptive Analysis ◽  
Public Order ◽  
Legal Research ◽  
Conceptual Approach ◽  
Patent Owner ◽  
The Public ◽  
Exclusive Right

This study aimed to discuss the exclusive rights of patents and the efforts to limit them through freedom of fair business competition. The study used normative legal research methods with a statutory approach and a conceptual approach. Data analysis was descriptive analysis. The results showed that the exclusive rights in patents were limited by several provisions to eliminate fair business competition. An exclusive right to a patent owner was a patent right was to use the patent and prohibits other parties from using, producing, distributing, selling, leasing or otherwise without the permission of the patent owner. Patents were limited to a period of 20 years after which they could be used by the public. Restrictions on patents as intellectual property by considering account aspects of public interest, public order, morals and religious morals. The essential facilities for doctrine were one of the efforts to overcome the abuse of exclusive rights, namely by requiring business actors to give opportunities to their competitors to use these important facilities owned by patent holders.

scholarly journals Kedudukan Hukum Deponeering dalam Sistem Peradilan Pidana

2021 ◽  
Vol 2 (1) ◽  
pp. 17-29
Author(s):  
Desi Ratnasari ◽  
Sahuri Lasmadi ◽  
Elly Sudarti
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Implications ◽  
The Law ◽  
The Republic

This article aims to identify and analyze the legal implications and analyze the regulation of public interest as a condition for implementing deponeering by the Attorney General for the sake of the public interest in the perspective of the development of criminal procedural law. This research is a legal research, obtained from statutory studies (statute approach), concept (conceptual approach), cases. The result of this research is that there is discrimination against equality before the law contained in Article 27 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and can trigger misinterpretation by the Attorney General. Then in its implementation there is no clear regulation regarding the application of the opportunity principle related to the authority of the attorney general in the implementation of case waiver (deponeering) for the public interest in the Criminal Procedure Code.  Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis implikasi hukum serta menganalisis terhadap regulasi kepentingan umum sebagai syarat pelaksanaan pengesampingan perkara (deponeering) oleh Jaksa Agung demi kepentingan umum dalam prespektif perkembangan hukum acara pidana.  Penelitian ini merupakan penelitian hukum, yang diperoleh dari studi perundang-undangan (statute approach), konsep (conceptual approach), kasus. Hasil dari penelitian ini adalah adanya diskriminatif terhadap equality before the law yang terdapat dalam Pasal 27 Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 dan dapat memicu salah tafsir oleh Jaksa Agung. Lalu di dalam pelaksanaannya belum terdapat regulasi yang jelas mengenai penerapan asas oportunitas yang berhubungan dengan kewenangan jaksa agung dalam pelaksanaan pengesampingan perkara (deponeering) demi kepentingan umum di dalam Kitab Undang-Undang Hukum acara Pidana (KUHAP). 

scholarly journals TIPOLOGI NILAI-NILAI MOTIVASI PELAYANAN PUBLIK DI PDAM KABUPATEN MAMASA

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Oktovianus Oktovianus ◽  
Aco Dahrul Saharuddin
Keyword(s):  
Public Policy ◽  
Public Service ◽  
Public Interest ◽  
Policy Making ◽  
Public Services ◽  
Public Service Motivation ◽  
Public Policy Making ◽  
The Public ◽  
The Third

This study aims to determine the value of the typology of motivation for public services in PDAM Mamasa Regency. Research is carried out systematically, factually and accurately regarding the facts and facts of certain populations. The results show that the typology of the value of public service motivation is commitment to the public interest; empathy; and self-sacrifice of relatively high value. Meanwhile, the value of the importance of public policy making is relatively low compared to other values. The value of interest in public policy making is the lowest proportion. Commitment to the greatest presentation public interest. The second largest percentage value of empathy. The value of self-sacrifice obtained in the third presentation.

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