scholarly journals ASPEK HUKUM DALAM PELAKSANAAN ADMINISTRASI PUBLIK DI INDONESIA

2021 ◽  
Vol 7 (2) ◽  
pp. 151
Author(s):  
Evi Oktarina ◽  
Liza Deshaini ◽  
Bambang Sugianto
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Legal Aspect ◽  
The State ◽  
The Public ◽  
The Government ◽  
Binding Power ◽  
State Territory

ABSTRAK Bentuk dari aspek hukum dalam pelaksanaan administrasi publik di Indonesia adalah kebijakan publik dapat ditinjau tidak hanya secara sosial, politik dan ekonomi tetapi juga yuridis (perundang-undangan). Tujuannya agar penyusunan kebijakan tidak sembarangan atau benar-benar mempertimbangkan dalam menyusun kebijakan akan tidak dianggap melakukan tindakan sewenang-wenang melanggar kewenangan atau mengacuhkan kepentingan publik. Fungsi pemerintah dalam membuat kebijakan dibidang hukum adminstrasi publik yaitu fungsi regeling, membuat produk hukum tertulis yang berisikan materi daya ikat terhadap sebagian atau seluruh penduduk wilayah Negara dan fungsi beschikking, produk hukum yang berupa penetapan yang dibuat oleh pejabat tata usaha Negara. Kata kunci: Aspek Hukum, Administrasi Publik, Pemerintahan. ABSTRACT The form of the legal aspect in the implementation of public administration in Indonesia is that public policy can be reviewed not only socially, politically and economically but also juridically (legislation). The aim is that the formulation of policies is not carelessly or truly considerate in formulating policies that will not be considered as having arbitrarily violated authority or ignored the public interest.The function of the government in making policies in the field of public administration law is the function of regeling, making written legal products containing material binding power to part or all of the population of the State territory and the beschikking function, legal products in the form of decisions made by state administrative officials.

Influence of digitalization on the public policy forming in Ukraine

2021 ◽  
Author(s):  
N. Kalashnyk
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Digital Technologies ◽  
The State ◽  
Digital Society ◽  
Administrative Services ◽  
The Public ◽  
Digital Space ◽  
Technical Literacy ◽  
Ukrainian Society

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.

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 Civil Sector of State Governance: New Forms of Self-Organization and the Community’s Participation in the Context of Digitization of the Public Space

2021 ◽  
pp. 67-75
Author(s):  
Aleksandr Solov'ev ◽  
Galina Pushkareva
Keyword(s):  
Public Administration ◽  
Public Space ◽  
The State ◽  
Self Organization ◽  
The Public ◽  
State Management ◽  
State Governance ◽  
The Government ◽  
The One ◽  
Civil Sector

As digital technologies develop, a new form of relations between the state and the public is developing as well. Additional opportunities for the expression of public interests and the establishment of values preferred by the society arise, new mechanisms of political mobilization develop, new forms of public organization and self-organization emerge, the social media gain more power, and local and general public narrative develop on a number of online platforms. With the digitization of the public space, the state is forced to change its communication strategies and improve the dialogue between the government and the society based on deliberative democracy principles. After analysing the architecture of public communication emerging in new conditions the paper concludes that Russia is making certain efforts to adapt for the new digitized reality. However, current state priorities are shifting towards e-government and the digital economy. On the one hand, it seems justified, as it allows to bring the public services to a completely new level, reduce corruption risks, and simplify state management of economic processes. On the other hand, the lack of due attention to the issues of openness of public administration and involvement of citizens in making public decisions results in accumulation of contradictions in the public area of public administration, as well as increasing mutual misunderstanding and distrust between the state bodies and the civil society, which may entail bursts of social discontent and protests.

scholarly journals INTERACTION OF PUBLIC ADMINISTRATION BODIES OF NIZHNY NOVGOROD FAIR WITH THE STATE AUTHORITIES IN SOLVING CUSTOMS POLICY ISSUES IN THE POST-REFORM PERIOD OF THE 19th CENTURY

2021 ◽  
Vol 2 (3) ◽  
pp. 45-51
Author(s):  
Alexander P. Lednev
Keyword(s):  
Public Administration ◽  
19Th Century ◽  
Far East ◽  
The State ◽  
Policy Issues ◽  
The Public ◽  
Industrial Estate ◽  
Reform Period ◽  
The Government ◽  
The 19Th Century

The present article examines interaction between public administration bodies of Nizhny Novgorod Fair and the state authorities in solving customs policy issues in the post-reform period of the 19th century It was the public administration bodies, whose functions included planning measures to improve the quality of trade and petitioning the government about the needs of domestic industry and trade, that influenced implementation of domestic and foreign state policy. The fair public administration, taking into account the importance that the Nizhny Novgorod Fair had in domestic and foreign trade, was the center of unification of all Russian merchants. Since the mid-1880s, public administration bodies, in particular the fair committee, formed in 1864, whose powers gradually grew, began to exercise representative functions on the issues of domestic trade and industry development. In particular, with direct involvement of the public fair management bodies in the 1880s, a large range of issues was discussed; these issues related to: the transit of foreign goods through the Transcaucasian Territory, which existed for several decades and caused significant damage to the production of Russian manufactory; sales markets in the Central Asia, Persia and the Far East; transformations of the entire customs system in Russia and changes in existing customs tariffs with the direct participation of the commercial and industrial estate representatives. As a result, a number of measures in the state customs policy carried out by the state authorities ultimately contributed to the development, expansion and strengthening the positions of domestic industrial production and trade. Public administration bodies, including the fair committee, became especially active in the 1890s. It is during this period that the authority of the fair management increases. And the fair committee itself began to express the interests of the commercial and industrial estate of whole Russia.

Research

2020 ◽  
pp. 123-126
Author(s):  
Alasdair Roberts
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Research Methods ◽  
Empirical Analysis ◽  
Public Management ◽  
The State ◽  
Management Approach ◽  
Statistical Research ◽  
The Public ◽  
Level Of Analysis

This chapter explores public administration research. Complaints about a lack of rigor in public administration research intensified in the 1980s. “Lack of rigor” meant a failure to define concepts and problems precisely, to test the validity of claims properly, and to build on the work of earlier scholars. In the interdisciplinary schools of public policy established in the 1970s and 1980s, researchers in public management worked alongside scholars from “hard” disciplines such as economics, and struggled to win support from their peers when they applied for tenure and promotion. The public management approach was designed to overcome this stigma. Scholars in public management sought to focus on questions of manageable size, define concepts and hypotheses precisely, and rely on the quantitative-statistical research methods preferred by economists. All of this would assure “rigorous empirical analysis.” By the early 2000s, quantitative-statistical research methods were dominant in the field. The worry today is that a shift in the focus of research toward the macro-level of analysis—that is, toward big questions about the role and design of the state—will mean abandoning the accomplishments of the last thirty years. The chapter then considers three ways to respond to such concerns.

Government Corporations; a Focus of Policy and Administration, I

1949 ◽  
Vol 43 (5) ◽  
pp. 899-921 ◽  
Author(s):  
Marshall E. Dimock
Keyword(s):  
United States ◽  
Public Policy ◽  
Political Science ◽  
Public Administration ◽  
The United States ◽  
The Public ◽  
Public Corporation ◽  
The World ◽  
The Government ◽  
Government Corporations

The government corporation has become a familiar device of public administration all over the world; and yet in some countries, and especially in the United States, uncertainty as to its distinctive purpose and underlying principles seems to grow, rather than to diminish, as the public corporation becomes older and more extensively used. Lack of interest and research cannot be blamed, because in recent years the degree of concentration in this area has probably been relatively as great as in any other sphere of political science. The basic explanation is that administrative formulas and management principles are rarely, if ever, capable of immunization against group pressures and public policy controls, which bend administration to their own designs, sometimes in conformity with what the impartial experts consider sound principle and practice, but just as often in knowing disregard of such considerations and in a determined effort to support their own interests and economic viewpoints.

scholarly journals ADMINISTATIVE DISCRETION IN PUBLIC ADMINISTRATION AND ITS CONNECTION WITH LEGAL DEONTOLOGY: THEORETICAL AND LEGAL ASPECT

2021 ◽  
pp. 52-62
Author(s):  
P. P. Bilyk ◽  
I. A. Osadcha
Keyword(s):  
Public Administration ◽  
Legal Aspect ◽  
The State ◽  
Administrative Discretion ◽  
The Public ◽  
Public Administrator ◽  
Managerial Decisions ◽  
Professional Characteristics ◽  
Level Of Knowledge ◽  
Definition Of

SummaryIn the process of implementing the functions and objectives of the state to ensure therealization of human rights and freedoms Officials of the public administration authoritiesbased on the concept of building competent administrative legislation оften face the needto make management decisions, based on their administrative discretion. Effectiveness andfeasibility of adopted and implemented in such conditions managerial decisions directlydepends on the professional level of the public administrator. The level of professionalismdepends not only on the level of knowledge and skills of the public administrator, but alsodepends a considerable extent from its desire and desire to properly blame its professionalvocation. Legal deontology contributes to the regulatory definition of the optimal crime ofmoral and ethical requirements compliance with which testifies to the readiness of the publicadministration authorities system to implement the functions and objectives of the state asappropriate. The article analyzes the concept of public administration and is concluded aboutits identity of the Public Administration category. Both administrative and legal categoriesare manifested as the process of developing, making and implement management decisions.Administrative legislation is constructed in such a way that its procedural part based onopportunities based on and within the Constitution and Laws of Ukraine, it is based on publicadministration based on administrative discretion. In public administration, the result of theimplementation of the administrative discretion is the formation of an appropriate managementstyle, as the result of the use and variation association of permissible forms and managementmethods. The public administrator is a representative of the state in a relationship with aperson. The level of rights and freedoms proclaimed by law depends on his managementdecisions. Given the need to appeal when making decisions to administrative discretion, thedeontological component of the professional characteristics of the public administrator seemsto be significant.

Um novo paradigma para o controle das políticas públicas prestacionais: Tutela estrutural em foco

2020 ◽  
Author(s):  
Iago Oliveira Ferreira ◽  
Marcus Aurélio de Freitas Barros
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Judicial Review ◽  
Legal Reasoning ◽  
Public Law ◽  
New Approach ◽  
Policy Issues ◽  
The Public ◽  
The Government ◽  
Academic Debate

This book addresses the judicial review on social public policies, intending to propose a new approach to its exercise in Brazil, based on the standards and instruments consolidated in the structural remedies practice. The review approach championed by Brazilian courts creates illegitimate, anti-isonomic and ineffective decisions, which derives from the reliance on a traditional form of adjudication, bipolar and adversarial, that is inadequate to the polycentric and distributive features of the conflicts involving the delivery of public services by the government. Inspired on pioneering experiences in both foreign and domestic jurisdictions, the work outlines a theory of structural remedies applied to public policy issues that seeks to address the shortcomings of the mainstream approach, resulting in a paradigmatic shift in three main aspects of adjudication, regarding legal reasoning (distributive and dialogical), remedial practice (experimentalist, prospective and consensual) and the characteristics of the adjudication process (flexible and cooperative). Besides sustaining the merits of the described methodological shift, the author’s efforts are also aimed at formulating interpretative constructions to allow for its implementation in the Brazilian legal system. By exploring practical solutions towards a more legitimate and effective judicial review, and arranging them in a coherent theoretical framework, the book contributes to the academic debate and also gives valuable input to the public law practitioners entrusted with the duty to oversee the public administration activities in Brazil.

E-Projects Challenges in India – Role of Human Resource Management and Technology

2018 ◽  
Vol 6 (8) ◽  
pp. 263
Author(s):  
Ramnik Kaur
Keyword(s):  
Developing Countries ◽  
Public Administration ◽  
Paradigm Shift ◽  
Successful Implementation ◽  
The Public ◽  
Government Services ◽  
The Past ◽  
The Government ◽  
Traditional Approaches

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.

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