scholarly journals PROSPEK OMBUDSMAN REPUBLIK INDONESIA DALAM RANGKA MEMPERKUAT PELAKSANAAN EKSEKUSI PUTUSAN PERADILAN TATA USAHA NEGARA

2014 ◽  
Vol 3 (2) ◽  
pp. 163
Author(s):  
Enrico Simanjuntak

The position and function of Administrative Court so weak that the verdict is much neglected. Referring to the approach of the legal system, where the Administrative Court and Ombudsmen of Republic of Indonesia (ORI) equally aims to promote good governance and ensure the legal protection of the public from the actions of public administration law, the ORI is possible to be handed the duties and responsibilities as independent executor PERATUN decision. In the meantime, the Ombudsmen should be given the authority to promote, supervise and impose sanctions against the defendant who is not willing to implement the decision PERATUN or against other parties who obstruct the implementation of the decision PERATUN. Keywords: Administrative Court, Ombudsmen of the Republic of Indonesia, Independet Executor.

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.


Author(s):  
Vasif ISMAYILOV ◽  

The article analyzes the legal foundations of modernization in public administration. The issues of modernization of the legal system in the state administration of the Republic of Azerbaijan are widely covered. The author outlines the objective and subjective factors that create conditions for reforms in the public administration system. Special attention is paid to cardinal reforms in the field of modernization of the legal system of modern Azerbaijan, studying the role of the head of state as the initiator of the reforms in the public administration system. The article describes in detail the step-by-step process of building a legal system and outlines it political significance.


2021 ◽  
pp. 18-27
Author(s):  
Angela Popovici ◽  

In this article, an analysis is made that highlights the fact that the objective of developing the quality of public administration as a necessary condition for good governance remains relevant for the Republic of Moldova. Despite the fact that the public administration system of the Republic of Moldova has undergone a series of reforms in the last 20 years, its capacity to be at the service of the citizen and to support the economic growth of the country continues to be reduced. Lack of accountability for results, inadequate separation of roles between institutions, weaknesses in the organizational structure, general lack of incentives to attract competent and devoted people in the public sector and a high degree of politicization of public administration determine the poor quality of government. Added to these are issues related to the lack of transparency regarding the Government's ability to implement the recommendations received from organizations such as the World Bank and the IMF or to measure the impact of reform plans.


2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.


Author(s):  
Przemysław Wilczyński

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.


Author(s):  
B. Guy Peters

Contemporary public administration reflects its historical roots as well as contemporary ideas about how the public bureaucracy should be organized and function. This book argues that there are administrative traditions that have their roots centuries ago but continue to influence administrative behavior. Further, within Western Europe, North America, and the Antipodes there are four administrative traditions: Anglo-American, Napoleonic, Germanic, and Scandinavian. These are not the only traditions however, and the book also explores administrative traditions in Central and Eastern Europe, Latin America, Asia, and the Islamic world. In addition there is a discussion of how administrative traditions of the colonial powers influenced contemporary administration in Africa. These discussions of tradition and persistence also are discussed in light of the numerous attempts to reform and change public administration.


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Dejan Milenković ◽  
Vladimir Đurić

Public administration reform, better known as the New Public Management - NPM, which began in the mid-1970s, had a key impact on the development of modern public administration. The NPM emphasizes the economic values of public administration, to the detriment of its other values. Public Private Partnership- PPP is one of the basic elements of NPM doctrine. PPP is a partnership between the public and private sector that aims to provide a service traditionally provided by the public sector. An integral part of every PPP is the Value for Money methodology. The “Value for money”- VfM method emerged in this process of public administration reform, first in the UK. The document of the British Government Private Finance Initiative (PFI) from the year 1992, presented the basis for the creation of a new so-called “Venture”, which at that time was called a joint venture, and which is today known as PPP. PPP is a relatively new institute that has existed in the Republic of Serbia since 2011. In this paper, we will deal with the application of the VfM methodology in PPP projects related to street lighting in the Republic of Serbia, and try to give answer about social and economic justification of PPP and potential economic savings that can be achieved in the public sector through the implementation of PPP. At the present time, when there is more and more talk about the need for environmental protection, sustainable development and energy efficiency, PPP projects can have an increasing importance in this area. For this reason, we have limited the application of VfM methods in PPP projects in the Republic of Serbia only to street lighting projects which provide the mentioned goals.


Author(s):  
Ruslin Ruslin

Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government. Keywords: Good government, State administration court


2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.


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