scholarly journals New Paradigm Of Abuse Of Power On Discretion After Government Administration Act

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Hidayat Pratama Putra
Keyword(s):  
Paradigm Shift ◽  
Good Governance ◽  
The State ◽  
New Paradigm ◽  
Abuse Of Power ◽  
Legal Provision ◽  
Government Administration ◽  
State Administration ◽  
The Government

Discretion is one of government actions that are very vulnerable to abuse of power in it. Law Number 30 Year 2014 on Government Administration as a legal provision in the field of state administration currently regulates in detail related to discretion, abuse of power, and abuse of power in discretion in particular. This paper discusses the regulation related to abuse of power that has a paradigm shift based on Law Number 30 Year 2014 on Government Administration and benchmark it in discretion. The Government Administration Act builds a new paradigm of abuse of power by interpreting broadly abuse of power comprising beyond authority, misuse of authority and arbitrary. There are several indicators to show that discretion can be considered as abuse of power, namely: • Contrary to the Act and/or the principle of good governance; Notwithstanding the purpose of discretion or the purpose of the state in general; Breaking discretionary procedures; Beyond the Authority (onbevoegdheid); And/or has no basis of authority.

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 TINJAUAN YURIDIS PENYALAHGUNAAN WEWENANG OLEH PEMERINTAH DALAM KONTRAK PENGADAAN BARANG DAN JASA (STUDI PUTUSAN NO 37/Pid.Sus-TPK/2015/PN/Mtr)

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Ashari Ashari
Keyword(s):  
Criminal Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Abuse Of Power ◽  
Government Administration ◽  
Goods And Services ◽  
The Government ◽  
Contract Signing

ABSTRAK Berbagai penyimpangan kerap terjadi dalam proses pengadaan barang dan jasa oleh pemerintah dalam menjalankan tugas dan jabatannya sesuai dengan kewenangannya,namun terdapat beberapa pandangan mengenai penyalahgunaan wewenang dalam prespektif hukum administrasi negara (pasal 17 UU No 30/ 2014 tentang administrasi pemerintah ) dan hukum pidana (pasal 3 UU No 20/2001 tentang tindak pidana korupsi). Tujuan peneltian ini untuk mengetahui pengaturan penyalahgunaan wewenang oleh pemerintah dalam UU No 30/2014 dan UU No 20/2001, dan bentuk penyalahgunaan wewenang dalam pengadaan barang dan jasa. Jenis penelitian, yuridis normatif dengan pendekatan perundang-undangan dan kasus. Hasil penelitian, yang dikategorikan sebagai tindakan menyalahgunakan wewenang dalam UU No 30/2014 adalah perbuatan yang menyimpang dari tujuan pemberian kewenangan, asas legalitas dan asas-asas umum pemerintahan yang baik, sedangkan tindakan menyalahgunakan wewenang dalam UU No 20/2001 tidak harus selalu berupa dikeluarkannya keputusan yang bertentangan atau menyalahi suatu aturan. Cukup perbuatan itu melanggar aturan tertulis sebagai dasar kewenangannya, memiliki maksud yang menyimpang, dan berpotensi merugikan Negara. Bentuk penyalahgunaan wewenang pada tahap penunjukan pemenang, tahap penandatangan kontrak yang terjadi dalam bentuk surat penunjukan yang tidak lengkap, dan tahap Penyerahan Barang dan Jasa kata kunci: penyalahgunaan wewenang, pemerintah, barang dan jasaABSTRAC Various irregularities often occur in the process of procuring goods and services by the government in carrying out their duties and positions in accordance with their authority, but there are several views regarding abuse of authority in the perspective of state administrative law (article 17 of Law No. 30/2014 on government administration) and criminal law (article 17). 3 Law No. 20/2001 on criminal acts of corruption). The purpose of this research is to determine the regulation of abuse of power by the government in Law No. 30/2014 and Law No. 20/2001, and forms of abuse of authority in the procurement of goods and services. This type of research, juridical normative with the approach of legislation and cases. The results of the research, which are categorized as acts of abuse of authority in Law No. 30/2014 are acts that deviate from the purpose of granting authority, legality principles and general principles of good governance, while acts of abusing authority in Law No. 20/2001 do not always involve issuing them. decisions that contradict or violate a rule. It is enough that the act violates written rules as the basis of its authority, has a deviant intention, and has the potential to harm the State. The form of abuse of authority at the stage of appointing the winner, the contract signing stage that occurs in the form of an incomplete appointment letter, and the stage of delivery of goods and serviceskeywords: abuse of authority, government, goods and services

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Expansion of the Objects of State Administrative Disputes after the Enactment of Law Number 30 of 2014 Concerning Government Administration and Supreme Court Regulation Number 2 of 2019 Concerning Guidelines for the Resolution and Authority to Adjudicate Unlawful Conducts by Government Agencies or Officials (Onrechtmatige Overheidsdaad / OOD)

2021 ◽  
Vol 8 (1) ◽  
pp. 383
Author(s):  
Sonyendah Retnaningsih ◽  
Disriani Latifah Soroinda Nasution ◽  
Heryna Oktaviani ◽  
Muhammad Rizqi Alfarizi Ramadhan
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Secondary Data ◽  
The State ◽  
Government Agencies ◽  
Government Action ◽  
Government Administration ◽  
State Administration ◽  
The Supreme Court ◽  
The Government

Historically, State Administrative Court (PTUN) has existed since 1986, with the enactment of Law Number 5 of 1986 concerning State Administrative Court which currently has been amended by Law Number 9 of 2004 concerning Amendment to Law Number 5 of 1986 concerning State Administrative Court and amended again by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court. The role of the Administrative Court according to the explanation of the law, the PTUN functions as a control or supervisory agency thus legal actions from government officials do not deviate, in addition to protecting the rights of citizens from the actions of officials who abuse their authority or act arbitrarily. Currently, the object of dispute and can be sued at the State Administrative Court is only a State Administration decision reduced by the exceptions stipulated in Article 2 and Article 49 of the PTUN Law. The provisions of Article 3 of the Administrative Court Law No. 5 of 1986 on negative fictitious could potentially no longer be enforced since the enactment of Article 53 of the AP Law which stipulates positive fictitious. Since the promulgation of Law Number 30 of 2014 concerning Government Administration (hereinafter referred to as AP Law) on 17 October 2014, there has been a change in the legal criteria from the government written stipulation (beschikkingen) which was initially restrictive and can be sued to the PTUN, yet it has recently become extensive (which was originally mere beschkking, currently it almost covers all variations of besluiten). With the enactment of the AP Law, there will be an expansion of absolute competence and objects of state administration disputes, as stipulated in Article 87 of the AP Law which includes: first, Government Administration Decrees, as stipulated in Article 1 point 7 of the AP Law; second, Government Administration Actions Based on Article 1 point 8 of the AP Law. Furthermore, with the enactment of the Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and the Authority to Adjudicate Unlawful Conducts by Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD), the judicial power shall transfer from the General Court to the State Administrative Court. This crucial matter continues to be the groundwork and reason for conducting the current research entitled the expansion of the state administration dispute object after the enactment of Law Number 30 of 2014 concerning Government Administration and the supreme court regulation (Perma) Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Conducts by the Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD). Conducted through normative juridical research method, this research-based paper examined the interviews through judges at PTUN Jakarta and Bandung and the main data source within this qualitative analysis serves as the secondary data or literature data.

scholarly journals The Meaning of the Expansion of Administrative Court that Covers Factual Actions

2019 ◽  
Vol 1 (1) ◽  
pp. 177-192
Author(s):  
Fellista Ersyta Aji
Keyword(s):  
Data Collection ◽  
Qualitative Approach ◽  
The State ◽  
The Public ◽  
Government Administration ◽  
Research Material ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Administrative Justice

The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to the Law of the State administrative justice. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard. This study aims to find out and understand the meaning of factual actions in Article 87 letter (a) of Law Number 30 of 2014. This study uses a qualitative approach to the type of research Normative Juridical. Data collection techniques are Library study is to collect data conducted by reading, quoting, recording and understanding various literature that have to do with research material. The object of the state Administration disputed in Law Number 5 of 1986 and its amendment has expanded on Law Number 30 Year 2014 on Government Administration. When the object of the dispute expands, it will affect the decision taken by the legal practitioner in this case is the state Administration judge.

scholarly journals Tinjauan Eksekusi Putusan Sela Dalam Bentuk Schorsing Pada Pengadilan Tata Usaha Negara

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 84
Author(s):  
Dezonda Rosiana Pattipawae
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

scholarly journals The Position of the Attorney's Request for Information in Corruption Case Investigation as the Object of the Application for Abuse of Authority in the State Administrative Court (Study of Decision Number: 25 / G / 2015 / PTUN-MDN)

2020 ◽  
Vol 7 (6) ◽  
pp. 590
Author(s):  
Leni Eva Nurianti ◽  
Yuslim Yuslim ◽  
Khairani Khairani
Keyword(s):  
House Of Representatives ◽  
Administrative Law ◽  
The State ◽  
Criminal Proceedings ◽  
Abuse Of Power ◽  
Government Administration ◽  
Procedural Law ◽  
Object Based ◽  
The Absolute ◽  
The Government

The absolute authority of the State Administrative Court in examining, deciding and resolving State Administrative Disputes is based on objects in the form of decisions and / or actions regulated in the State Administrative Court Law (PERATUN Law) and the Government Administration Law (AP Law). In Decision Number: 25 / G / 2015 / PTUN-MDN, the Prosecutor's Request for Information is placed as the object of the request for abuse of authority. Based on these facts, normative legal research is carried out which aims to examine and analyze cases (case approach) with the statute approach and other regulations related to legal issues regarding how the limits of abuse of power are the absolute competence of the State Administrative Court and what is the position. Request for a statement from the Attorney General's Office in investigating corruption cases in the Procedural Law of the State Administrative Court. The conclusion of the research results is that the limit of abuse of power which is the absolute competence of the State Administrative Court is a decision and / or action as normalized in the Administrative Law and the Government Administration Law. The absence of procedural norms on abuse of authority in the Administrative Court Law makes Judges and Lawyers inaccurate in determining the legal basis for placing the Prosecutor's Request for Information as an object in the application for abuse of power when case Number : 25 / G / 2015 / PTUN-MDN is rolling in the Medan State Administrative Court . The norm vacancy is filled by Supreme Court Regulation Number 4 of 2015 which limits the absolute competence of the State Administrative Court in applications for abuse of power after the results of the Supervision of Government Internal Supervisory Apparatus and prior to criminal proceedings. The Prosecutor's Request for Information issued based on the provisions of the Criminal Procedure Code (KUHAP) cannot be placed as an object based on the norms of Article 2 letter d of Law Number 9 of 2004, so the author advises the President and / or the House of Representatives to design amendments to the Administrative Law so that it is harmonious with the new norms presented by the Government Administration Law and it is hoped that Judges and Lawyers as law enforcers and justice carry out the norms of the Law ethically so that they do not get lost in determining the object of the application for abuse of power. 

Talk of Corruption in Eastern Indonesian Communities: Reactions to Local Government in the Post-Suharto Reform Era

2011 ◽  
Vol 39 (2) ◽  
pp. 171-195 ◽  
Author(s):  
Maribeth Erb
Keyword(s):  
Local Government ◽  
Good Governance ◽  
Local Communities ◽  
The State ◽  
Reform Era ◽  
Abuse Of Power ◽  
Regional Autonomy ◽  
Mining Companies ◽  
Investment Opportunities ◽  
The Government

AbstractEastern Indonesia, most notably Nusa Tenggara Timor province, has been frequently referred to as the poorest region in Indonesia and claims have recently been made that it is the most corrupt as well. The spread of corruption in the post-Suharto period, with the introduction of regional autonomy and decentralisation, has often been commented on; but what is corruption? How do people define it? This paper uses an anthropological lens on corruption to suggest that with the spread of ideas of ‘good governance’ and ‘democracy’, one significant way that local communities in NTT province engage with the state and define corruption is as an abuse of power and non-consultation with the populace. This has become particularly acute with the government belief that new investment opportunities in the reform era will become a road to development and prosperity for local communities, who are, however, seen to be unable to provide for themselves or seek their own ways out of poverty. Several regional governments in NTT province have taken advantage of new laws put into effect in the reform era to award mining concessions to domestic and foreign mining companies. A swell of protest has arisen across the province, however, and an increasing critique of poor government and corrupt practices focuses on these mining contracts.

scholarly journals TINJAUAN HUKUM PUTUSAN SELA DALAM BENTUK SCHORSING PADA PENGADILAN TATA USAHA NEGARA

2018 ◽  
Vol 17 (1) ◽  
pp. 15
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

<em>The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.</em>

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