scholarly journals REFORMULASI DISKRESI DALAM PENATAAN HUKUM ADMINISTRASI

2012 ◽  
Vol 1 (1) ◽  
pp. 93
Author(s):  
Arfan Faiz Muhlizi
Keyword(s):  
Administrative Law ◽  
Legal Order ◽  
Legal Issues ◽  
Government Administration ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Principle Of Legality

<p>Instrumen hukum paling klasik untuk melaksanakan penyelenggaraan pemerintahan guna mewujudkan masyarakat yang adil dan makmur adalah Hukum Administrasi Negara (HAN). Untuk mencapai tujuan penyelenggaraan pemerintahan tersebut, birokrasi menjadi alat yang efektif didalam menjalankan pengelolaan negara. Persoalan hukum dari birokrasi yang menjadi permasalahan saat ini adalah persinggungan asas legalitas ( wetmatigheid ) dan diskresi ( pouvoir discretionnaire ) pejabat negara (eksekutif). Tulisan ini berusaha menjawab permasalahan di atas dengan lebih menitikberatkan bahasan mengenai “diskresi” dalam hukum administrasi. Dengan metode yuridis normative, penelitian ini menyimpulkan bahwa diskresi memang diperlukan dalam hukum administrasi, khususnya di dalam menyelesaikan persoalan dimana peraturan perundang-undangan belum mengaturnya atau hanya mengatur secara umum. Disamping itu diskresi juga diperlukan dalam hal terdapat prosedur yang tidak dapat diselesaikan menurut administrasi yang normal. Dengan demikian penataan Hukum Administrasi menjadi sangat penting dan tentunya bukan sekedar melihat dari sisi pembentukan atau penataan peraturan perundang-undangan terkait administrasi negara, tetapi lebih jauh dari itu adalah penataan tatanan hukum yang terdiri dari struktur, substansi, dan kultur masyarakat, birokrasi, dan penegak hukum.</p><p>The most classical legal instruments to carry out government administration in order to realize a just and prosperous society is the Law of State Administration (HAN). To achieve the objectives of the government, the bureaucracy into an effective tool in the management of state run. Legal issues of bureaucracy which is the case today is the intersection of the principle of legality (wetmatigheid) and discretionary (pouvoir discretionnaire) state officials (executive). This article tries to answer the above problems with a more focused discussion on the “discretion” in administrative law. With normative juridical methods, the study concluded that discretion was necessary in administrative law, especially in solving problems in which the legislation has not been set or simply set in general. Besides, discretion is also required in case there are procedures that cannot be resolved according to the normal administration. Thus the arrangement of Administrative Law to be very important and certainly not just a look from the side of the formation or arrangement of the legislation related to state administration, but further than that is the arrangement of the legal order which consists of the structure, substance, and the culture of the society, bureaucracy, and enforcement the law.</p>

scholarly journals PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

2020 ◽  
Vol 2 (1) ◽  
pp. 200-207
Author(s):  
Iskatrinah Iskatrinah
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Legal Principles ◽  
Government Administration ◽  
Role Of The State ◽  
State Administration ◽  
Approach Method ◽  
The Law ◽  
The Government

One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration

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 KAJIAN HUKUM NORMATIF TERHADAP SANKSI ADMINISTRASI NEGARA DALAM QANUN KOTA BANDA ACEH

2015 ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Local Area ◽  
The Other ◽  
Local Autonomy ◽  
Government Administration ◽  
The People ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Permit System ◽  
Banda Aceh

The development of Indonesia state administration law is indicated when the government manage the people by using the law order with determine the decision about prohibition  or by the issuance of permit system. Quanun based on the Law of Aceh Government is “Regulations in local regulations that rule the government administration and the society living of local area in Aceh. Generally, the type and several of sanctions is recorded and determine clearly in the administration rule. There are any sanction in administration law, i.e. government coercion, withdraw the advantage decision (subsidy permit, payment), coercion fee by government, and administration fine.  The policy on concept of administration sanction in Quanun according to the description of Act No. 11 of 2006 concerning to Aceh Government indicates that Quanun  is a rule that override  the other rules by follow the principles of Lex Specialis derogaat Lex Generalis. Asrticle 18 of Constitution of 1945 is a law base for the implementation of local autonomy by provides the local head with wide authority, real and accountable.Keyword : Development, Law, Panismen, Local Goverment

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 Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara

2021 ◽  
Vol 2 (1) ◽  
pp. 68-72
Author(s):  
I Gede Buonsu ◽  
A. A. Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Methods ◽  
Government Administration ◽  
Positive Law ◽  
State Administration ◽  
The Government ◽  
Definition Of

Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).

15. Contracts

2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

15. Contracts

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

The Polish Legal and Organisational Solutions Combating Terrorism

2018 ◽  
Vol 10 (1) ◽  
pp. 137-145
Author(s):  
Bernard Wiśniewski
Keyword(s):  
Dynamic Changes ◽  
Government Administration ◽  
The Past ◽  
Legal Provisions ◽  
Legal Nature ◽  
Long Time ◽  
The Law ◽  
The Government ◽  
The Moment ◽  
National Experience

Legal solutions adopted over the past few years in Poland indicate that attempts are being systematically made to improve the mechanism for counteracting terrorism. Terrorism in Poland has been opposed for a long time. The commencement of such systematic solutions took place on the 25th of October 2006 through the appointment by the Prime Minister of the Inter-ministerial Team for Terrorist Threats and ended ten years later, on the 10th of June 2016, by the adoption of the law on anti-terrorist activities. For the above-mentioned reasons, the two main parts are devoted to the issues of the commencement of legal and organisational undertakings in the fight against terrorism and the characteristics of systemic statutory solutions are preceded by considerations with conclusions. The article discusses the issues of initiatives undertaken by the government administration and presents the circumstances in which it tried to face up to the problem of developing draft laws of the law now in force. In consequence, this serves to present the areas of responsibility and tasks of government administration bodies specified in the said Act. The considerations presented in this study indicate that global and national experience gained in recent years has shaped the“Polish model of combating terrorism”, which has recently found its confirmation in the relevant legal provisions. The basis for the development of this article is the interest in improving the effectiveness of combating terrorism which, for obvious reasons, is not reducing and remains very substantial. This applies to both theoreticians and practitioners. This results first of all from the needs of the challenges and threats that are subject to dynamic changes. Secondly, through the adaptation of the tools used by the state, including those mainly legal of a legal nature. These must be improved from the moment of their implementation.

Competences of Public Administration of the Slovak Republic in the Area of Defense

2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski
Keyword(s):  
Public Administration ◽  
Political Power ◽  
Slovak Republic ◽  
The State ◽  
Self Administration ◽  
The Public ◽  
Government Administration ◽  
The Law ◽  
The Government ◽  
The Many

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.

scholarly journals La constitucionalización del derecho en Brasil y el régimen jurídico-administrativo: los Paradigmas de la Legitimidad, Neutralidad, Ética, Transparencia y Efectividad en la Administración Pública.

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Emerson Affonso da Costa Moura
Keyword(s):  
Administrative Law ◽  
Legal Order ◽  
Regime Legitimacy ◽  
Substantial Modification ◽  
The Subject ◽  
Fundamental Law ◽  
Principle Of Legality ◽  
The Relationship

<p>RESUMEN:  Las transformaciones ocurridas en el derecho administrativo que promueven una relectura del contenido del principio de legalidad, impersonalidad, moralidad, publicidad y eficiencia es el tema en debate a partir del ascenso del neoconstitucionalismo y del proceso de constitucionalización del derecho. Se investiga en qué medida, el fenómeno de la filtración constitucional en el ámbito del régimen administrativo, promueve la relectura de los principios de la materia bajo la óptica de la ley fundamental auxiliando en la reestructuración de la dogmática a la centralidad ocupada por el hombre en el orden jurídico y dimensión material de la democracia, en una sustancial modificación en la relación entre Administración y Administrado.</p><p>PALABRAS CLAVES: Neoconstitucionalismo; Constitucionalización; Régimen Administrativo; Legitimidad; Neutralidad; Ética; Transparencia; Efectividad.</p><p> </p><p> </p><p>ABSTRACT: The transformations occurred in administrative law that promote a rereading of the content of the principle of legality, impersonality, morality, publicity and efficiency is the subject under debate as of the rise of neo-constitutionalism and the process of constitutionalization of law. It is investigated to what extent, the phenomenon of constitutional filtration in the scope of the administrative regime, promotes the rereading of the principles of the subject under the optics of the fundamental law helping in the restructuring of dogmaticism to the centrality occupied by man in the legal order and material dimension of democracy, in a substantial modification in the relationship between Administration and Administration.</p><p>KEYWORDS: Neoconstitutionalism; Constitutionalization; Administrative Regime; Legitimacy; Neutrality; Ethics; Transparency; Effectiveness.</p>

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