scholarly journals The Principles of Good Government in Suppressing Corruption

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Binov Handitya
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Government Policies ◽  
Legal Certainty ◽  
Public Officials ◽  
Good Service ◽  
The Public ◽  
Government Administration ◽  
Good Government ◽  
The Government

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.

scholarly journals Model Akuntabilitas Birokrasi di Era Otonomi Khusus Aceh (Tinjauan Terhadap Tes Shalat dan Baca Al-Qur'an di Kabupaten Aceh Barat Daya)

2019 ◽  
Vol 17 (1) ◽  
pp. 18
Author(s):  
Ferizaldi '
Keyword(s):  
Local Government ◽  
Public Interest ◽  
Good Governance ◽  
Regional Government ◽  
The Public ◽  
Aceh Province ◽  
Government Bureaucracy ◽  
Comprehensive Manner ◽  
Low Performance ◽  
The Government

The implementation of local government in the context of the Special Autonomy of Aceh has the freedom of the regional government to administer government in accordance with the principles of good governance. In Indonesia it is regulated by Law No. 28 of 1999 concerning the Organization of a clean and free country of corruption and nepotism, through various innovations and creativity to create good governance based on the public interest. This is to answer various problems surrounding the low performance of the bureaucracy because many are entangled in various corruption cases. One attempt to change the government bureaucracy is good, then introduced a new model through local wisdom in the Southwest Aceh District of Aceh Province, by carrying out the Prayer Test and Reading the Qur’an to prospective structural officials, as an effort to reform bureaucracy to create bureaucratic accountability, which It is expected that these activities will produce bureaucrats who are religiously accountable and customer oriented. However, this program must be carried out in a sustainable and comprehensive manner through complementary programs that support the program and do not underestimate the supervision efforts which as a classic action create a healthy bureaucracy.

scholarly journals Pengawasan terhadap Kebijakan Pemerintah Melalui Mekanisme Citizen Lawsuit

2018 ◽  
Vol 14 (4) ◽  
pp. 906
Author(s):  
Cholidin Nasir
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Class Action ◽  
Government Policies ◽  
Constitutional Court ◽  
State Law ◽  
Judicial Control ◽  
The Public ◽  
The Government ◽  
Settlement Of Disputes

Salah satu unsur terpenting negara hukum menurut Sri Soemantri adalah pengawasan dari badan-badan peradilan. Salah satu bentuk pengawasan adalah judicial review yang dilakukan oleh Mahkamah Agung dan Mahkamah Konstitusi. Namun, tidak semua tindakan pemerintah berdasarkan peraturan perundang-undangan yang telah ada. Beberapa tindakan atau kebijakan pemerintah justru lahir lebih dahulu sebelum adanya peraturan perundang-undangan yang mengatur dan bahkan beberapa peraturan perundang-undangan dibentuk untuk melahirkan kebijakan pemerintah yang justru merugikan warga negara.Terkadang sengketa hukum terjadi bermula dari kebijakan yang dikeluarkan oleh pemerintah, yangseharusnya mempertimbangkan kepentingan umum atau kepentingan orang banyak (publik)dan bukan hanya kepentingan orang per orang saja, namun kenyataannya banyak terjadi suatu kebijakan merugikan kepentingan umum, sehingga acapkali kepentingan umum diabaikan yang pada akhirnya kepentingan umum tidak lagi menjadi prioritas utama. Hal inilah yang menjadi penyebab pelanggaran hukum yang dilakukan oleh penguasa. Terjadinya pelanggaran hukum inilah yang menimbulkan daya dorong bagi masyarakat untuk ikut berperan serta dalam upaya menyelesaikan sengketa guna menegakkan hukum.Dalam tulisan ini penulis hanya akan membahas penyelesaian melalui badan peradilan sebagai salah satu syarat dari negara hukum (rechtstaat) yaitu judicial control. Badan peradilan merupakan suatu badan yang memegang peranan penting dalam penyelesaian sengketa. Salah satu gugatan kelompok yang dilakukan oleh para pencari keadilan adalah gugatan citizen lawsuit;One of the most important elements of state law by Sri Soemantri is the supervision of the judicial authorities. One form of oversight is judicial review conducted by the Supreme Court and the Constitutional Court. However, not all government action based on legislation that has been there. Some activities or government policies born before the legislation that governs and even some legislation established to give birth to government policies that harm the citizens. Sometimes a legal dispute occurs stems from policies issued by the government, which should take into consideration the public interest or the interests of many (public) and not just the interests of individuals. There were many cases of a policy detrimental to the public interest so that often the public interest is ignored that the ultimately the public interest is no longer a top priority. This is the cause of the violation committed by the authorities. Violations of the laws are what caused the impetus for the public to participate in efforts to resolve the dispute to enforce the law. In this paper, the authors will only discuss a settlement through the judiciary as one of the requirements of state law (rechtstaat) is judicial control. The judiciary is a body that plays important role in the settlement of disputes. One of a class action carried out by those seeking justice is a citizen lawsuit.

scholarly journals Pelayanan Penerbitan Sertifikat Kepemilikan Tanah (Studi pada Kantor Pertanahan Nasional Kabupaten Bondowoso)

2020 ◽  
Vol 006 (02) ◽  
pp. 206-212
Author(s):  
Sela Febby Wardaty ◽  
Sumartono Sumartono ◽  
Endah Setyowati
Keyword(s):  
Socioeconomic Status ◽  
Service Quality ◽  
Service Provider ◽  
Major Influence ◽  
Legal Certainty ◽  
Good Service ◽  
The Public ◽  
Race Ethnicity ◽  
The Government ◽  
Administrative Problem

In the case of the development of public services, it is not merely an administrative problem or merely fulfilling the physical needs of service quality and customer satisfaction, especially considering that both of them have a major influence on the sustainability and development of an organization's mission. Such services must be accessible to the community without exception, regardless of socioeconomic status, race, ethnicity, religion and other subjective characteristics. As a service provider for citizens, the government is required to further optimize and be able and able to fulfill all its responsibilities to the community, both in terms of quality and quantity of service. Problems that occur in the Bondowoso District National Land Office are problems of poor service quality, good service quality will produce good output for the community and for the Land Office itself. The services available at the Land Office are a bit complicated and difficult for the public. The service of land certificates will make people's lives better with clear legal certainty.

scholarly journals Application of Economic Equilibrium Principles in Power Purchase Agreement between PT PLN and Public Private Partnership

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rachmani Aprilia Sari ◽  
Keyword(s):  
Public Interest ◽  
Power Plants ◽  
Economic Equilibrium ◽  
Government Policies ◽  
Private Companies ◽  
Private Partnership ◽  
The Public ◽  
The Government ◽  
Increasing Demand ◽  
Electricity Infrastructure

The purpose of this study was to analyze the implementation of cooperation between PT. PLN and private companies. The scope of his research is the provision of electricity infrastructure, which is one of the supporting sectors f or economic growth. The government is currently promoting this policy to meet the increasing demand for electricity. PT. PLN as a State Owned Enterprise (BUMN) is the implementer of government policies in terms of electricity that is still unable to meet the availability of electricity. Based on this, the government provides opportunities for the private sector to participate in the business of providing electricity for the public interest by utilizing Renewable Energy (EBT). The findings of this study are that electricity is generated through power plants owned by private companies and the result is that electricity is sold to PT. The research was carried out in a normative juridical manner with data obtained from electricity and tariff regulations, literature books and journals, public-private cooperation contracts. The results of this study are the application of the principle of economic equilibrium in the Power Purchase Agreement contract between the Government, namely PT PLN (Persero) and the private partnership.

scholarly journals Kedudukan Peradilan Administrasi Negara Sebagai Upaya Dalam Mendorong Terbentuknya Pemerintahan Yang Baik

2021 ◽  
Vol 6 (1) ◽  
pp. 10
Author(s):  
Khalid Dahlan ◽  
Anna Erliyana Chandra
Keyword(s):  
Good Governance ◽  
The State ◽  
Government Administration ◽  
Government Decision ◽  
State Administration ◽  
Good Government ◽  
The Republic ◽  
The Government

Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.

scholarly journals CONCEPT OF CHECK AND BALANCE IN INDIAN CONSTITUTION MISUSE OF PIL

2017 ◽  
Vol 5 (3) ◽  
pp. 315-319
Author(s):  
Malvika Pandey ◽  
Anjali Pandey
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Vital Role ◽  
Public Interest Litigation ◽  
The Public ◽  
Political Interests ◽  
The Common ◽  
The Government ◽  
Civil Justice System ◽  
Private Litigation

Public Interest Litigation is the highly effective weapon in the armory of law for reaching social justice to the common man. It plays a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. It was designed to serve the purpose of protecting rights of the public at large through vigilant action by public spirited persons and swift justice. PIL could also contribute to good governance by keeping the government accountable. But the profound need of this tool has been plagued with misuses by persons who have been filing PILs just for the publicity and those with vested political interests. It is an undemocratic, unrealistic and dangerous tendency which is to be impeded by our judicial attitude. Steps and reasonable care should be taken to make sure that PIL essentially remains public interest litigation and should not be empowered to get corrupted into becoming a political interest litigation or publicity interest litigation. The misuse of PIL will stop when the courts are vigilant and the challenge is for the state to prolong a balance in allowing legitimate PIL cases and discouraging waggish ones.

scholarly journals DISKRESI YANG DILAKUKAN APARAT PENEGAK HUKUM DALAM SISTEM HUKUM MILITER INDONESIA

2020 ◽  
Vol 3 (1) ◽  
pp. 69-80
Author(s):  
Budi Pramono
Keyword(s):  
Law Enforcement ◽  
Public Interest ◽  
Good Governance ◽  
Positive Impact ◽  
Public Order ◽  
Public Officials ◽  
The Public ◽  
Law Enforcement Officials ◽  
The Military ◽  
Education Courses

The implementation of law enforcement in the Indonesian military environment according to the writer's observation is still chaotic and there is sectoral ego. Discretion is very important in law enforcement in the military legal system, law enforcement officials are required to act wisely, wisely and responsibly. This research is a study of normative law using statutory and conceptual approaches. Every policy issued by public officials must pay attention to the signs that do not conflict with law and human rights, do not conflict with statutory regulations, must apply the general principles of good governance; and does not conflict with public order and decency. The use of discretion has a positive impact on law enforcement, although in certain circumstances the public interest must violate the law. In conducting discretion a clear and accurate consideration is needed, so that it can be accounted for legally, morally and to the community seeking justice, so that military soldiers before becoming law enforcers must go through education/courses first.Pelaksanaan penegakan hukum di lingkungan militer Indonesia menurut pengamatan penulis masih terjadi carut marut dan adanya ego sektoral. Diskresi sangat penting dalam penegakan hukum dalam sistem hukum militer, aparat penegak hukum dituntut untuk bertindak arif, bijaksana dan bertanggung jawab. Penelitian inimerupakan peneltian hukum normatif dengan menggunakan pendekata perundang-undangan dan konseptual. Sertiap kebijaksaan yang dikeluarkan oleh pejabat publik harus memperhatikan rambu-rambu tidak bertentangan dengan hukum dan HAM,  tidak bertentangan dengan peraturan perundang-undangan, wajib menerapkan asas-asas umum pemerintahan yang baik; serta tidak bertentangan dengan ketertiban umum dan kesusilaan. Penggunaan diskresi berdampak positif terhadap penegakan hukum, meskipun dalam keadaan  tertentu untuk kepentingan umum harus melanggar hukum. Dalam melakukan diskresi diperlukan  pertimbangan yang jelas dan akurat, sehingga dapat dipertanggung jawabkan secara hukum,  moral dan kepada masyarakat pencari keadilan, sehingga prajurit militer sebelum menjadi penegak hukum harus melalui pendidikan/kursus terlebih dahulu.

scholarly journals Eksistensi AAUPB di Indonesia dan Yurisprudensinya Dalam Perkara TUN

2018 ◽  
Vol 8 (2) ◽  
pp. 296-317
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Supreme Court ◽  
Foreign Investment ◽  
Public Interest ◽  
Good Governance ◽  
Legal Certainty ◽  
Good Service ◽  
The North ◽  
The Supreme Court ◽  
North Sumatra ◽  
Legal Force

This article discusses the General Principles of Good Governance (AAUPB). It has a long journey from the beginning of its coming in the Netherland to its application in Indonesia today. AAUPB, which previously was only in theoretical realm, it changes into Law No. 30 of 2014 today. The principles contained in the law are legal certainty; expediency; impartiality; accuracy; not to abuse authority; openness; public interest; and good service. In addition to these principles, we can also use other principles as far as they become the basis for the judges' judgments that have permanent legal force. In various cases, the basis of the claim of AAUPB does not stand alone but it is also juxtaposed with violations of statutory regulations. The Supreme Court verdict has become a jurisprudence between Suhaili Saun (shareholder in PT Volex Batamindah) and the Chairman of BKPM, although the plaintiff also argued that violating the AAUPB namely the principle of legal certainty, the defendant also violated article 2 letter b of Law No. 1 of 1967 about Foreign Investment. In the case of the dismissal of Bripda Helga Musa Sitepu by the Head of the North Sumatra Regional Police, the decree has violated article 2 paragraph 2 letter d and article 11 paragraph 1 of KAPOLRI regulation No. 8 of 2006 and was contrary to the principle of the district.

scholarly journals The accountability of the Criminal Case Relating to the Act made by Act No. 2 of 2014

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 405
Author(s):  
Danar Setyo Wibowo ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Legal Protection ◽  
Criminal Case ◽  
Legal Certainty ◽  
Public Officials ◽  
The Public ◽  
The Government

Notaries are public officials appointed by the government to help the public make the agreements which are or appear in public. The purpose of the presence of a written agreement is to ensure legal certainty of the stakeholders of the agreement. The written agreement made before a notary deed called. Atka could be used as evidence if there is a dispute between the parties to the dispute, with the explanation of the importance of this function in tulisakan act until the regulations of Law No. 2 of 2014Keywords: notary; Responsibility for crime; legal protection

scholarly journals General Principles of Good Governance in Indonesia: What are The Legal Bases?

2019 ◽  
Vol 15 (1) ◽  
pp. 1-8
Author(s):  
M. Zamroni
Keyword(s):  
Welfare State ◽  
Public Service ◽  
General Principle ◽  
Good Governance ◽  
The State ◽  
Legal Basis ◽  
Legal Certainty ◽  
Government Administration ◽  
The Government ◽  
The Welfare State

The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.

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