scholarly journals IMPLEMENTATION OF THE GOVERNMENT'S DISCRETION IN INDONESIA, AUTHORITY, AND RESPONSIBILITY IN THE MANAGEMENT OF GOVERNMENT

2021 ◽  
Author(s):  
nur rois
Keyword(s):  
Welfare State ◽  
State Government ◽  
Good Governance ◽  
Logical Consequence ◽  
Executive Power ◽  
Qualitative Descriptive ◽  
The Government ◽  
Problem Formulations ◽  
The Welfare State

The research entitled "Implementation of the Government's Discretionary Authority and Accountability in the Administration of Government" has five problem formulations. First, how is the implementation of discretionary authority in the administration of Government? Second, there are obstacles in the exercise of discretionary authority. The third is how to overcome obstacles. Fourth, the limits of discretion in decision making. Fifth, Government Instruments. The purpose of this study was to identify and analyze the five problem formulations above. This research is qualitative descriptive The results of this study indicate that the exercise of discretionary authority in the administration of Government is a logical consequence of the welfare state where the welfare state government is a state power that is given the task and responsibility for the welfare of its citizens. In contrast, discretionary authority does not mean that it can be used freely. However, it must follow the rules written in Law Number 30 of 2004 concerning Good Governance and Principles of Good Governance (AAUPB). The implementation of discretionary authority in the administration of Government also has several obstacles that cause the Government to be less efficient and less effective. Efforts to overcome these obstacles are not easy because they must involve all parties, namely legislative power, executive power, and judicial power. This is also, of course, requires the role of citizens. These things are to ensure the implementation of discretionary authority in the administration of Government so that it is efficient and effective in realizing people's welfare.

scholarly journals PEMBATALAN PERATURAN KEBIJAKSANAAN YANG DIBUAT BERDASARKAN ASAS FREIES ERMESSEN

2020 ◽  
Vol 5 (2) ◽  
pp. 146-161
Author(s):  
Anak Agung Ayu Ari Widhyasari
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
Good Governance ◽  
Logical Consequence ◽  
Government Administration ◽  
State Administration ◽  
The Government ◽  
The Welfare State

The existence of policy regulations cannot be separated from the free authority (vrije bevoegdheid) of the government which is known as freies ermessen. The granting of freies ermessen to the government or state administration is actually a logical consequence of the concept of the welfare state, but within the framework of a rule of law, freies ermessen cannot be used indefinitely. This paper aims to determine the limits of the use of policy regulations in government administration and the forms of accountability when there are legal deviations. With the normative juridical method, this research concludes that the policy regulations taken by the government in an urgent situation must be limited by the signs of the General Principles of Good Governance (AAUPB) and if the policy regulations are formed without heeding these principles, the policy regulation can be canceled. .

scholarly journals SUMBER DAYA SEKTOR PELAYANAN PUBLIK ERA REVOLUSI INDUSTRI 4.0: PROFESIONAL DAN KOMUNIKATIF SEBUAH TANTANGAN

2020 ◽  
Vol 8 (2) ◽  
pp. 103-112
Author(s):  
Tukina Tukina
Keyword(s):  
Public Service ◽  
Public Services ◽  
Industrial Revolution ◽  
Good Governance ◽  
Rapid Change ◽  
Digital Era ◽  
Inductive Research ◽  
Qualitative Descriptive ◽  
The Government

Abstrak         Dalam era Revolusi Industri 4.0 terjadi perubahan cepat disebabkan  Perkembangan Teknologi berbasis internet. Dalam perubahan yang cepat tersebut, Pemerintah perlu mampu memanfaatkan era serba digital (‘masyarakat online’). Dalam meningkatkan pelayanan Publik yang baik peran pemerintah diuji. Peneltian ini menjadi sangat penting karena sebenarnya ada permasalahan, pertanyaan dan sekaligus tantangan dasar yang perlu dijawab terkait Pelayanan Publik agar menjadi pelayanan Publik Profesional, dan Komunikatif. Penelitian ini merupakan Penelitian kualitatif (deskriptif naturalistik) dengan mengunakan analisis pendekatan induktif (dari khusus ke umum). Proses dan makna prespektif subjektif dimana peran peneliti sangat menentukan. Penelitian akan dianggab selesai bila Tujuan Penelitian sudah terjawab. Unit analisis dalam penelitian ini adalah Pelayanan Publik yang profesional dan komunikatif. Perkembanga Teknologi Komunikasi berbasis Internet begitu cepat. Pelayanan Publik yang baik akan sejalan dengan prinsip Goodgovernement dan tujuan bernegara Indonesia. Pelayanan Publik yang profesional menjadi kunci, menyelesaikan masalah dengan hati dan sesuai dengan keinginan masyarakat. Disamping itu, kemampuan berkomunikasi yang baik merupakan hal dasar yang diperlukan dan sangat mendukung sukses tidaknya pelayanan Publik secara keseluruhan.   Keywords:      perubahan teknologi, internet, pelayanan publik, profesional, komunikatif     Abstract     In the era of the Industrial Revolution 4.0 there was a rapid change in the development of internet-based technology. In this rapid change, the Government needs to take advantage of the all-digital era ('online society'). In improving public services this Research becomes very important because there are questions, and to be challenges related to Public Services in order to become a Professional and Communicative. This research is a qualitative (descriptive naturalistic) study using inductive research analysis (from specific to general). The process and meaning of subjective perspective in which the role of researchers is crucial. The research will be considered complete if the Research Objectives have been answered. The unit of analysis in this study is a professional and communicative in public service. The development of Internet-based Communication Technology is so fast. Good public services will be in accordance with the principles of good governance and the objectives of the state of Indonesia. Professional public service is the key, solving problems with heart and in accordance with the wishes of the community. Besides that, good support is the basic thing that is needed and strongly supports unnecessary success.   Keywords: technological change, internet, public services, professional, communicative  

scholarly journals CIVIL SOCIETY DI INDONESIA: SUATU KONSEKUENSI LOGIS TERWUJUDNYA GOOD GOVERNANCE

2021 ◽  
Vol 3 (4) ◽  
pp. 90-96
Author(s):  
Adriani Adnani
Keyword(s):  
Civil Society ◽  
State Government ◽  
Good Governance ◽  
Logical Consequence ◽  
The State ◽  
The People ◽  
Narrow View ◽  
Government Bureaucracy ◽  
The Government ◽  
Community Cooperation

Civil society is one of the three important sectors of society, along with government and business. Civil society is one of the important elements of the democratization process in Indonesia. In accordance with the problems formulated above, the purposes of this discussion are to find out the description of civil society in Indonesia, and to find out efforts to strengthen civil society as a logical consequence of the realization of Good Governance in Indonesia. The development of civil society involves all aspects and dimensions of life. Therefore, efforts and commitment are needed to strengthen the community. Cooperation is needed because no party, organization, institution or anything even the government can carry it out alone. The relationship between civil society and good governance is symmetrical between the two. This is because the two concepts were born from the concept of democracy that upholds the values of justice, freedom, individual and group rights. Furthermore, democracy requires the state in carrying out its activities to be open to the public. Strengthening civil society in the flow of democracy must be realized as an absolute necessity for the implementation of a 'strong' and 'clean' government. The weakness of civil society in Indonesia is marked by widespread rejections of state/government policies by the people and these rejections have not received a meaningful response from the state/government. In the process of determining policies, the government bureaucracy still feels that citizens are used as objects of policy. This kind of narrow view will make the government anti-suggestions from citizens in determining policies.

scholarly journals Negara Kesejahteraan dan Maqasid Syariah: Analisis Pemikiran Jamaluddin Athiyyah

2019 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Syamsuri Syamsuri ◽  
Dadang Irsyamuddin
Keyword(s):  
Welfare State ◽  
Active Role ◽  
The State ◽  
Basic Principles ◽  
Four Dimensions ◽  
Role Of The State ◽  
Depth Analysis ◽  
The Government ◽  
The Welfare State

The discourse about the Welfare State is interesting. This article aims to conduct in-depth analysis related to the concept of the welfare state and its relation to maqasid sharia according to Jamaluddin Athiyyah. The method used in this study is qualitative with a literature approach, namely conducting a study of the literature surrounding the welfare state and the Maqasid sharia. The conclusion of this study is that Athiyyah provides an overview of the division of tasks of the government in ensuring the welfare of its people into four dimensions, namely: individuals, families, society and humanity. Furthermore it was stated that the three basic principles of maqasid sharia to create prosperity would not be fulfilled but rather with the active role of the State.

scholarly journals Perimbangan Dana Otonomi Khusus Aceh Antara Provinsi dan Kabupaten/Kota

2018 ◽  
Vol 2 (1) ◽  
pp. 18-38
Author(s):  
Jefrie Maulana ◽  
Eddy Purnama ◽  
Mahdi Syabandir
Keyword(s):  
Welfare State ◽  
Selection Criteria ◽  
Legal Aspect ◽  
Accelerate Development ◽  
Monitoring Mechanism ◽  
The Government ◽  
Special Working ◽  
The Welfare State

Perimbangan Dana Otonomi Khusus Aceh antara Provinsi dan kabupaten/kota dalam rangka mempercepat pembangunan di Aceh dalam berbagai sektor akan terwujud apabila pengelolaannya sesuai dengan prinsip kesejahteraan rakyat serta mekanisme pengawasan yang sesuai dengan asas kemanfaatan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan kesesuaian peraturan perimbangan Dana Otonomi Khusus Aceh dengan prinsip kesejahteraan rakyat serta kemanfaatan mekanisme pengawasan pengalokasian Dana Otonomi Khusus Aceh yang dilakukan Pemerintahan Aceh. Penelitian ini merupakan penelitian yuridis normatif yang ingin mengidentifikasi dari aspek hukumnya. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Hasil peneltian menunjukkan bahwa pengelolaan Dana Otonomi Khusus Aceh belum memenuhi prinsip Negara kesejahteraan, karna pembagiannya lebih besar untuk Provinsi daripada Kabupaten/Kota. Mekanisme pengawasan terhadap pemanfaatan Dana Otonomi Khusus belum menjamin pemenuhan asas kemanfaatan. Belum adanya Peraturan Gubernur Aceh tentang Satuan Kerja Khusus dan tentang kriteria seleksi program serta kurangnya peran pengawasan dari lembaga khusus Aceh sebagai bentuk pengawasan eksternal. The balance of Aceh Special Autonomy Fund between provinces and districts/cities in order to accelerate development in Aceh in various sectors will be achieved if the management is in accordance with the principle of people's welfare and the supervisory of its mechanism is in line with the principle of expediency. This study aims to identify and explain the appropriateness of the regulation on the balance of the Special Autonomy Fund of Aceh with the principle of people's welfare. In addition to that, this study also wants to assess the usefulness of monitoring mechanism for the allocation of the Special Autonomy Fund of Aceh that is conducted by the Government of Aceh. This research is a normative juridical research that wants to identify from its legal aspect. This research uses three kinds of data: they are primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study indicate that the management of the Aceh Special Autonomy Fund has not yet fulfilled the basic objectives of the welfare state, because the distribution is greater for the province than the districts/cities. The mechanism of supervision over the utilization of the Special Autonomy Fund has not been in accordance with the principle of expediency. The absence of Aceh Governor Regulation on Unit Special Working and selection criteria program and then lack of Role of Supervision from Aceh special Autonomy institutions as a form external controls.

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.

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

From Defining Characteristic to Vitiation of Principle

2006 ◽  
Vol 30 (4) ◽  
pp. 479-500
Author(s):  
J. C. Herbert Emery
Keyword(s):  
United States ◽  
Welfare State ◽  
Household Income ◽  
The United States ◽  
Sickness Insurance ◽  
Declining Demand ◽  
The Government ◽  
The Welfare State

Some studies that address the decline of fraternal sickness insurance conclude that fraternal insurers were crowded out of the market by increasing government and commercial competition. This line of reasoning reinforces beliefs that government and commercial insurers were superior to fraternal providers and that voluntary insurance arrangements were deficient for addressing household income risks before the rise of the welfare state. This article shows that this interpretation is problematic. The largest sickness insurer in the United States, the Independent Order of Odd Fellows, dismantled its sick benefit arrangements between the 1860s and the 1920s not because of an inability to compete with the government and commercial insurers that were not in the market until well after 1920 but rather because of declining demand for the insurance within the membership.

scholarly journals Welfare State Policy Model as A Poverty Reduction Strategy in the West Sumatra Districts and Cities

2019 ◽  
Vol 21 (2) ◽  
pp. 227
Author(s):  
Azwar Azwar Azwar ◽  
Emeraldy Chatra ◽  
Zuldesni Zuldesni
Keyword(s):  
Social Policy ◽  
Welfare State ◽  
State Model ◽  
The West ◽  
Policy Model ◽  
The Poor ◽  
The Social ◽  
West Sumatra ◽  
The Government ◽  
The Welfare State

Poverty is one of the social problems that the government can never completely solve. As a result, other, more significant social issues arise and cause social vulnerability, such as conflict and crime. As a province that is experiencing rapid growth in the last ten years, the West Sumatra find difficulty to overcome the number of poor people in several districts and cities.  The research outcomes are the models and forms of social policy made by West Sumatra regencies and cities governments in improving the welfare of poor communities. It is also covering the constraints or obstacles to the implementation of social policy and the selection of welfare state models for the poor in some districts and municipalities of West Sumatra. This research is conducted qualitatively with a sociological approach that uses social perspective on searching and explaining social facts that happened to needy groups. Based on research conducted that the social policy model adopted by the government in responding to social problems in the districts and cities of West Sumatra reflects the welfare state model given to the poor. There is a strong relationship between the welfare state model and the form of social policy made by the government.

scholarly journals Optimizing the Clerics (Religious Scholars) Role in Actualizing Good Governance Concept

2018 ◽  
Vol 1 (1) ◽  
pp. 23-30
Author(s):  
M Muhammadong ◽  
St Habibah ◽  
Dalilul Falihin ◽  
Muhammad Adnan Hudain
Keyword(s):  
Development Process ◽  
Good Governance ◽  
Development Programs ◽  
City Development ◽  
Strategic Decisions ◽  
The Government ◽  
And Function ◽  
Role And Function ◽  
Descriptive Method

The purpose of this research is to describe the role of the clerics to actualize good governance concept in the development of Makassar City. Therefore, clerics are not merely issuing “fatwas” (religious advises) for the sake of society, but also, clerics can also play a role in development process. The method applied in this research is a descriptive method. While the approach applied is a qualitative method because the issues that are studied are phenomenological. The results show that the role of clerics is optimal in actualizing good governance concept in Makassar City development process. The role and function of the clerics can be represented as a community counselor in line with the government's role as servant and protector of society. Moreover, the policy taken by the government has been supported by all the clerics in actualizing development programs for the mutual good of the societies. In making strategic decisions, clerics sometimes contribute and suggestions to the government to improve social support of that decision

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