scholarly journals Kajian Normatif Mengenai Penggunaan Discrecionary Power Bagi Pejabat Pemerintah Dalam Upaya Meningkatkan Kualitas Penyelenggaraan Pemerintahan

2017 ◽  
Vol 7 (1) ◽  
pp. 63
Author(s):  
Tri Mulyani ◽  
A Heru Nuswanto ◽  
Endah Pujiastuti

<p>Setiap negara hukum menuntut agar dalam penyelenggaraan pemerintahan harus didasarkan pada asas legalitas yaitu ketentuan undang-undang, termasuk juga Indonesia. Namun dalam hal melaksanakan tugas dan kewajiban penyelenggaraan pemerintahan agar dapat memberikan dan menjaga kualitas pelayanan publik serta mengusahakan kesejahteraan, di samping memberikan jaminan dan perlindungan bagi warga negara, maka tidak bisa hanya berpegang pada asas legalitas, karena semakin hari, perkembangan tuntutan pelayanan publik semakin kompleks dan beragam. Permasalahan demi permasalahan muncul dimasyarakat, dan pada kondisi seperti inilah muncul prinsip bahwa pemerintah tidak boleh menolak untuk memberikan pelayanan kepada masyarakat dengan alasan tidak ada peraturan perundang-undangan yang mengaturnya atau belum/tidak ada peraturan perundang-undangan yang dijadikan dasar kewenangan untuk melakukan perbuatan hukum. Oleh karena itu pemerintah diberikan kewenangan bebas melakukan tindakan/perbuatan tanpa harus terikat undang-undang yaitu <em>discresionary power</em>. Sehingga dalam penelitian ini akan dikaji lebih dalam tentang pentingnya penggunaan diskresi bagi pejabat pemerintah dalam penyelenggaraan pemerintahan. Metode penelitian yang dipergunakan diantaranya adalah jenis penelitian yuridis normatif, dengan pendekatan perundang-undangan dan konsep, spesifikasinya diskriptif analitis, pengumpulan data dengan studi kepustakaan dan akan dilakukan analisis secara kualitatif. Adapun hasil penelitian menunjukkan bahwa pentingnya penggunaan <em>discresionary power</em> bagi pejabat pemerintah dalam penyelenggaraan pemerintahan adalah sebagai alternatif untuk mengisi kekurangan dan kelemahan di dalam penerapan asas legalitas (<em>wetmatigheid van bestuur</em>), agar di samping pemerintah dapat melindungi dan menjamin kepastian hukum warga negara, pemerintah juga dapat memberikan pelayanan publik dan kesejahteraan bagi warga negara.</p><p><em>Each legal state requires that in the administration of the government should be based on the legality principle of the provisions of the law, including Indonesia. However, in terms of carrying out the duties and obligations of government administration in order to provide and maintain the quality of public services and prosperity, in addition to providing guarantees and protection for citizens, it can not just stick to the principle of legality, because the day, the increasingly complex demands of public services and diverse. Problems after problems arise in the community, and in such conditions the principle that the government should not refuse to provide services to the public on the grounds there is no legislation that regulate it or not / no legislation on which the authority to do legal action . Therefore the government is given free authority to perform actions / deeds without having to be bound by legislation that is discretion. So in this study will be studied more deeply about the importance of the use of discretion for government officials in the administration. The research method used is normative juridical research type, with approach of legislation and concepts, analytical descriptive specification, data collection with literature study and will be analyzed qualitatively. The results of the study indicate that the importance of discretionary power for government officials in the administration is an alternative to fill the shortcomings and weaknesses in the application of legality principle (wetmatigheid van bestuur), so that in addition to the government can protect and ensure legal certainty of citizens, the government can also provide public services and welfare for citizens. </em><em></em></p>

2021 ◽  
Vol 1 (1) ◽  
pp. 13-19
Author(s):  
Gusti Ayu Dwi Intan Mahayoni ◽  
I Dewa Ayu Putri Wirantari

The poor quality of public services in Indonesia must be addressed by the government. One of the government's efforts to improve the quality of public services is to take advantage of advances in information technology in the process of governance. This is known as e-government or electronic or internet-based government administration. The process of implementing e-government goes through several stages, namely presence (web presence), interaction (interaction), transactions (transactions), and transformation (transformation). This study aims to determine how the implementation of e-government through the provision and operation of village websites can improve the quality of public services in Bona Village. This research is a qualitative-descriptive type of research that describes and explains the results of research based on relevant data collected through observation and literature study. The analysis of the research data used the Miles and Huberman model which included the initial data collection stage, the data reduction stage, the data presentation stage, and then the conclusion drawing stage. The results of this study are the application of e-government is carried out through the provision and operation of village websites as a means of public services that are easy, practical, and efficient. There are several services related to village administration including writing business letters, complaint reports, writing letters for other purposes, and essential telephone services. These services can be accessed by the village community easily and through a mechanism or procedure that is not complicated, so that the community feels satisfied with the public services they get. Based on the research results, it can be concluded that the application of e-government through the provision and operation of village websites that provide easy and practical public services can improve the quality of public services in Bona Village. Through the application of e-government, the implementation of village government can be carried out effectively, efficiently, transparently and accountably.  


2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.


Author(s):  
Imam Fachruddin

This study aims to determine the performance of the apparatus, the strategy of improving public services in Kandangan Subdistrict, Kediri Regency, as well as obstacles faced to strengthen public service capacity in the Kandangan District Office, Kediri Regency. This research is a descriptive study using a qualitative approach. Data collection techniques are carried out with observation, interview, and documentation techniques. Data analysis techniques used are interactive models. The validity of the data is done by triangulating the source and method. Utilizing the information from the informants, this study produced findings: 1). The public service strategy in the Kandangan District Office is seen from various indicators, namely the provision of physical facilities and equipment, reliability, simplification of processes, pure responsiveness of the apparatus, providing waiting rooms and places. Secure parking/assurance (Assurance), and empathy (empathy) apparatus in Kandangan Subdistrict, the average community considers it to be relatively good. 2). Sensitivity to the community, enhancing the professionalism of apartments and supplementing infrastructure - the strategy of the government of Kediri Regency in Improving the Quality of the Implementation of Public Services in Kandangan sub-district.


2020 ◽  
Vol 4 (2) ◽  
pp. 84-88
Author(s):  
Ida Ayu KETUT KARYANI ◽  
I Wayan PARSA

This study examined the supervision of public services as stipulated in Law 25 of 2009, namely regarding public services and Law 23 of 2014 concerning regional government. Supervision carried out in the law is to give authority to each of the existing institutions or institutions, causing overlapping existing authority. Giving authority to officials will give birth to the rights and obligations to achieve the goals and intentions specified in the legislation. The rise of corruption cases occurs because of the weakness of existing supervision of government administration, especially in public services. In this case corruption will foster public distrust of public services. The form of maladministration carried out by public service providers is always associated with behavior in services performed by public officials and the norms of behavior of officials in public services. In addition, these problems are also caused by the opportunities and authority given to be abused and the low quality of public services in various service sectors. Supervision of public services can provide certainty about the public services provided by the government whether it has been running according to targets and objectives and is a way to find out as early as possible maladministration that might occur so that effective and accountable government can be realized.


Author(s):  
Leonardus Mangago

This research aimed to identify and analyze the principles, standards, elements, and quality of public services at the Office of Industry, Trade, and Cooperatives of Yahukimo Regency, Indonesia, located in a remote area. The research method applied was a qualitative descriptive survey with observation and interviews. The interviewees in this study were from 15 informants of different position levels. This study employed an interactive model to analyze the interview data. There were four main findings; firstly, in terms of the principle of public service transparency, the public was increasingly motivated to convey their demands, requests, and aspirations to the government. Meanwhile, accountability services were satisfactory per the provisions of laws and regulations, but public participation in public services was still lacking. Secondly, public service standards and service procedures were implemented following the stipulated provisions and competencies of officials. Those public officers had related-abilities in the form of knowledge, prowess, skill, attitude, and behavior that are required in completing their duties. Thirdly, in terms of public services, the public officers’ work ethic was a driving force for the officials to comply with the prior-set and agreed with rules and work procedures. At the same time, the facilities and infrastructure were adequate. Finally, regarding the quality of public services, the goals and targets of the service were well achieved.


2021 ◽  
Vol 13 (2) ◽  
pp. 319
Author(s):  
Muti Sinaga ◽  
Budi Hartono ◽  
Rudi Salam Sinaga

Problems regarding the quality of public services have always been a concern in the study of public policy. The office of investment and licensing services is one of the agencies that is able to increase regional income. The purpose of this study was to determine the quality of public services at the One Stop Integrated Investment and Licensing Service of the North Sumatra Provincial Government. The method used is qualitative with the type of case study. Data obtained through interviews, literature study and documentation. Data analysis used descriptive analysis with data validity techniques using triangulation techniques. The results of the study found that human resources and the availability of infrastructure were the triggers for the decline in the quality of public services at the location of this study.


Author(s):  
Novliza Eka Patrisia ◽  
Rekho Adriadi

Partnerships  between  Government  and  the  Private  Sector  in  Public Services. Quality of public services will result in a positive response from the public so it needs a specific strategy in its implementation, one of which is by using Public Private Partnership (PPP). This study aims to describe and analyze the partnership that exists between the government and the private sector, describe and analyze the public response to the quality of service as well as explain the enabling and inhibiting factors in the implementation of public service in Fuel Filling Station of Fishermen (SPBN) Kampung Bahari,  of Bengkulu city. The method used in this study used a qualitative approach. Quality of public services in SPBN Kampung Bahari get an appraisal "Good" of users but in terms of access and tangible gain diverse assessment due to locations that are not easily accessible by all users and the number of facilities SPBN that were in poor condition.


Wacana Publik ◽  
2020 ◽  
Vol 14 (01) ◽  
pp. 1-6
Author(s):  
Citra Iasha

This research method uses a quantitative approach by using a questionnaire as a means of collecting data. The research results obtained that the effecti veness of employee work and service is quite good, employee performance evaluation has been well realized. Given that evaluation is one form of effort that must be made to maximize its task. In other words, if the evaluation program is not carried out, it is a sign that the employees at the Ilir Timur II Palembang sub-district office are trying to correct errors related to public services according to their duties and functions as agents of public service. There are still various obstacles in the form, supervision, work environment, facilities and infrastructure that make the public service process less effective. Various obstacles that come from individual employees themselves suddenly make the public service process sluggish. Realizing the duty of the Government apparatus service in the Ilir Timur II Palembang sub-district office is an important thing to support success in Government Administration and build public trust in the services performed by government officials in the Ilir Timur II Palembang district.


2021 ◽  
Vol 1 (2) ◽  
pp. 233-242
Author(s):  
M. Ade Permana ◽  
Melly Masni

The government is expected to develop a public service paradigm from a centralized service to a service that focuses more on community satisfaction-oriented management. Moreover, the village apparatus (gampong in Acehnese language) as part of the state apparatus has a direct relationship so that they should better understand the living conditions of the people who are within the scope of their administration. In this case, the author takes a case study of the Gampong Empee Trieng Government, where the author performed community service tasks. To meet the demands of excellent administrative services, Gampong government officials are required to provide good services, especially in providing professional services, having work systems and service procedures that are transparent, integrated, responsive, and adaptive to any changes. This study uses a descriptive approach with qualitative research that will provide an overview of how the performance of the Gampong Empee Trieng government in improving the quality of public services for its people. The three principles of government administration that focus on public services will be used as indicators to measure the quality of public services in Gampong Empee Trieng, Darul Kamal District, Aceh Besar District.


Author(s):  
Ganjar Asdi Sudrajat

The development of technology, communication, and information has had a major impact and has also changed people's perceptions of public services. People want public services that are fast, transparent, accountable, and accessible. Digital transformation is an effort made by the government to meet people's expectations for public services. The Ministry of Finance is one of the institutions that has been able to implement digital transformation programs in the public sector. The digital transformation program carried out allows the Ministry of Finance to quickly adapt to new habits at work during the Covid-19 pandemic to maintain the continuity of the organization's tasks. This study aims to determine the various factors that support the implementation of the digital transformation program at the Ministry of Finance. The study used a descriptive method with a qualitative approach. The data was obtained through a literature study by examining various literatures related to the Ministry of Finance's digital transformation program. The results of the study show that the digital transformation program at the Ministry of Finance is strongly supported by the commitment and full support of the leader, resources (infrastructure, system, human resources, and regulations), and employee engagement.


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