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

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. 

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 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.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

scholarly journals ASSESSMENT REGARDING THE NULLITY OR INVALIDITY OF A GOVERNMENTAL ADMINISTRATIVE DECISION AND/OR ACTION

2020 ◽  
Vol 3 (1) ◽  
pp. 35-50
Author(s):  
Hidayat Pratama Putra
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Administrative Law ◽  
Abuse Of Power ◽  
Related Literature ◽  
Government Administration ◽  
Secondary Sources ◽  
The Government ◽  
The One ◽  
Legal Consequences

The concept of Nullity (Nietigheid) is very important in administrative law because of the validity of a government act (bestuurshandelingen) either in the form of a decision (besluit) or in the form of an action (Feitelijk Handelingen) depends on the existence of the doctrine regarding Nullity. Since when is a decision declared invalid, and what are the legal consequences, if this is answered by the existence of this Nullity doctrine. Law No. 30 of 2014 concerning Government Administration, has more or less changed the paradigm regarding the teachings of annulment from the one held by administrative law experts in Indonesia, especially with regard to the doctrine of abuse of power, which is regulated in several articles in the Government Administration Law. In this paper, it is found that government decisions and/or actions that are canceled or declared invalid have different consequences. This paper uses a normative juridical research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literature.

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.

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 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.

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 Implementasi Prinsip-Prinsip Good Governance dalam Memajukan Kabupaten Jember

2020 ◽  
Vol 1 (3) ◽  
pp. 302-310
Author(s):  
Moh Anwar Nuris
Keyword(s):  
Human Rights ◽  
House Of Representatives ◽  
Good Governance ◽  
The State ◽  
Government Administration ◽  
The Government ◽  
The Many

In realizing good governance in government, we need a foundation to make it happened. Good governance is the basis for the value of government administration which is oriented towards restoring the community's dignity in order to rebuild the image of the government as a just servant. This was accompanied by the increasing demands for democracy, recognition of human rights, which resulted in demands for management characterized by good governance. The results show that: (1) The application of the principles of good governance in the Jember Regency Government is still insufficient because of the many violations committed by the government (2) the process of applying the principles of good governance in advancing Jember Regency is still lacking due to the many violations committed by the government. Jember Regency Government in carrying out alleged violations of statutory regulations. Starting from the management of the State Civil Apparatus (ASN), the use of government apparatus authority, and the management of regional finances which have a massive impact on ASN and the community so that the impeachment of the Regent of Jember by the Regional House of Representatives (DPRD Jember) affects the implementation of government in Jember Regency so that it has an impact on the performance of the Regent of Jember. (3). Factors that hinder the preparation of the RAPBD in implementing the principles of good governance in Jember Regency.

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