scholarly journals Prinsip Good Governance Dalam Penyalahgunaan Wewenang

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 167
Author(s):  
Jemmy Jefry Pietersz
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Legal Aspects ◽  
Administrative Authority ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
State Administration ◽  
Protection Of Human Rights ◽  
The Government ◽  
Political Economic

governance is a way implemented by the government using political, economic and administrative authority in managing economic and social resources for community development. The term governance is more directed to technical matters of governance in a country. By that, the term governance in relation to good governance is directed more towards legal aspects, especially administrative law which in essence more emphasized public service aspect which is addressed to society. Good governance characteristics include Participation, Rule of law, Transparency, Responsiveness, Consensus orientation, Equity, Effectiveness and efficiency, Accountability, and Strategic vision. These characteristics are legally sourced on two main grounds, namely the principle of the rule of law and the principle of democracy. The principle of the rule of law becomes the foundation of good governance where every act of government should have a legal basis, in the form of authority, procedure and substance and protection of human rights. The principle of a legal state provides the basis of legality in the administration of government, while the principle of democracy as the basis of government openness and community participation. Power or power essentially contains the rights and obligations of the apparatus of government to take certain legal actions, derived from attribution, delegation and mandate. Abuse of power is an act of government that is inconsistent with the purpose of authorization. the form of abuse of power consists of illegal state administration (onrechtmatige overheidsdaad), the misuse of the state administration (detournement de pouvoir or ultra vires) and the arbitrary acts of state administration (abus de droit). Abuse of power may occur against bound and free power. Parameters testing abuse of power from power are tied to the legality of government action, while the abuse of power from free power using the Good Governance Principles (GGP). GGP is the principle of proper administration

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

scholarly journals The Region Governance Review of Barru Regency to Actualize Good and Clean Governments

2020 ◽  
Vol 1 (2) ◽  
pp. 61-69
Author(s):  
Aksah Kasim ◽  
Andi Heridah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Regional Governance ◽  
Regional Autonomy ◽  
The Rule Of Law ◽  
Strategic Vision ◽  
The Government

The factors of the region governance review of Barru regency to actualize good governance and clean government are the region the government have not applied the equity properly and optimally, uphold the rule of law, worked effectively, effectiveness, and accountability, and formulated and implemented the strategic vision. This study is expected to explain, find, and describe the regional governance review in Barru Regency to actualize for good governance and clean government in the implementation of regional autonomy.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

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.

The Separation of Powers in African Constitutionalism

2019 ◽  
Author(s):  
Charles Manga Fombad
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Separation Of Powers ◽  
Common Denominator ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Pure System ◽  
Key Innovation ◽  
Anglo American ◽  
The Government

One reason why dictatorships flourished in Africa until the 1990s was that constitutions concentrated excessive powers in presidents. The democratic revival of the 1990s led to the introduction of new or substantially revised constitutions in a number of countries that for the first time sought to promote constitutionalism, good governance, and respect for the rule of law. A key innovation was the introduction of provisions providing for separation of powers. However, in many cases the reintroduction of multipartyism did not lead to thorough constitutional reform, setting the scene for a subsequent struggle between opposition parties, civil society, and the government, over the rule of law. This reflects the complex politics of constitutionalism in Africa over the last 60 years. In this context, it is important to note that most of the constitutions introduced at independence had provided for some degree of separation of powers, but the provisions relating to this were often vaguely worded and quickly undermined. Despite this, the doctrine of separation of powers has a long history, and the abundant literature on it shows that there is no general agreement on what it means or what its contemporary relevance is. Of the three main models of separation of powers, the American one, which comes closest to a “pure” system of separation of powers, and the British, which involves an extensive fusion of powers, have influenced developments in anglophone Africa. The French model, which combines elements of the British and American models but in which the executive predominates over the other two branches, has influenced developments in all civilian jurisdictions in Africa, particularly those in francophone Africa. The common denominator among the models is the desire to prevent tyrannical and arbitrary government by separating powers but doing so in a manner that allows for limited interference through checks and balances on the principle that le pouvoir arrête le pouvoir. The combined Anglo-American (common law) and French (civil law) models received during the colonial period remain applicable today, but despite its adoption in the 1990s, the effectiveness of the doctrine of separation of powers in limiting governmental abuse has been curtailed by the excessive powers African presidents still enjoy and the control they exercise over dominant parties in legislatures. South Africa in its 1996 Constitution, followed by Kenya in 2010 and Zimbabwe in 2013, entrenched a number of hybrid institutions of accountability that have the potential not only to complement the checks and balances provided by the traditional triad but also to act where it is unable or unwilling to do so. The advent of these institutions has given the doctrine of separation of powers renewed potency and relevance in advancing Africa’s faltering constitutionalism project.

scholarly journals GOOD GOVERNANCE AND THE RULE OF LAW

2013 ◽  
Author(s):  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
Corporate Governance ◽  
Private Sector ◽  
Rule Of Law ◽  
Good Governance ◽  
Fundamental Rights ◽  
Public And Private ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
The Common ◽  
The Right

Good governance is basically governing in the right and just ways. Good governance relates to good administration at both public and private sectors. Corporate governance is synonymous and the common usage in the private sector. Common characteristics of good governance include transparency, accountability, participatory and rule of law. Rule of law is the focus of this paper. The principle in itself is problematic because of multifarious interpretation Nonetheless, the consensus has been that rule of law is essential in any government and breach of its principles may lead to arbitrariness and breach of fundamental rights. The paper will expound the roles of rule of law in ensuring good governance and how abuse of power and corruption have undermined rule of law seriously and subsequently affect good governance.

scholarly journals Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law

2021 ◽  
Vol 7 (3) ◽  
pp. 317-334
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Due Process ◽  
Good Governance ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
General Terms ◽  
The Law ◽  
The Government ◽  
Judicial Procedures

The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;

scholarly journals The Dilemma of Good Governance Implementation in Indonesia during the Pandemic of Corona Virus Disease (COVID-19)

2021 ◽  
Vol 1 (1) ◽  
pp. 55-67
Author(s):  
Muzakir Haitami ◽  
Alya Rengganis
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Virus Disease ◽  
Government Policies ◽  
The Rule Of Law ◽  
Governance Indicators ◽  
Corona Virus ◽  
The Government ◽  
Government Responsiveness ◽  
The Ideal

The Indonesian government's policies to prevent and encounter the spread of Corona Virus Disease (COVID-19) pandemic are still considered not optimal to realize good governance, with the high number of COVID-19 spread throughout Indonesia. This research discusses the implementation of good governance in Indonesia in the COVID-19 pandemic based on eight good governance indicators. This research uses observation techniques to collect the data. The research results indicate that Indonesia is not achieving the ideal target in implementing good governance in overcoming this pandemic. This happened due to a lack of assertiveness in policymaking and a low level of public participation in policy implementation, which led to delays in COVID-19 countermeasures actions. The implementation of policies in China, New Zealand and Turkey indicates that these three countries have the authority to regulate strictly. Meanwhile, in Indonesia, the rule of law and government policies' effectiveness is still weak; delayed action from the government in responding to pandemic proves a lack of government responsiveness. The policies implemented are not based on consensus; equity in accessing public services also becomes a problem. In the end, people lose their trust in the government because they failed to provide unaccountable information. Thus, good governance in Indonesia in the COVID-19 pandemic is still difficult to implement.

scholarly journals The Parliament Control on Ombudsman Institution

2017 ◽  
Vol 20 (34) ◽  
pp. 85-96
Author(s):  
Narcisa-Mihaela Stoicu ◽  
Anca-Florina Moroşteş
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Administrative Authority ◽  
The Rule Of Law ◽  
Additional Tool ◽  
Democratic Character ◽  
The Government ◽  
The Individual ◽  
Administrative Structures ◽  
First Time

Abstract The Parliamentary control is exerted not only on the Government but also on some autonomous administrative authorities and on some special bodies under its subordination. The constitutional norms are extremely synthetic on this form of parliamentary control, as only the art. 116 par. 2 of the Constitution stipulates that specialised bodies may be established which to function under Government subordination or as autonomous administrative structures, by organic law. The Ombudsman Institution is an autonomous administrative authority established according to the Constitutional provisions, the activity of which is under Parliament control. For the first time, the Ombudsman has been established in Sweden as additional tool to the control exerted by the Parliament on the executive power. Additional guarantees were enforced by it, as being an institution with democratic character, for the defence of the rule of law and for the protection of the individual rights and freedoms. On the Ombudsman’s appointment and role, the article 58 of the 1991 Romanian Constitution stipulates that the person in charge is to be appointed by the Chamber of Deputies and the Senate in joint meeting, its appointment being of five years and that the Ombudsman cannot have another civil or private service except for the teaching positions in higher education.

THE EUROPEAN PRINCIPLES OF UKRAINE-NATO RECIPROCAL RELATIONS AND THE STUDYING OF EXPERIENCE OF NEUTRALITY IN FOREIGN AFFAIRS OF SEPARATE STATES

2020 ◽  
pp. 31-35
Author(s):  
O. Volkovich
Keyword(s):  
Rule Of Law ◽  
Foreign Relations ◽  
Foreign Affairs ◽  
Reciprocal Relations ◽  
Military Conflict ◽  
The Rule Of Law ◽  
The Status ◽  
The Government ◽  
Political Economic ◽  
Organizational Principles

The article considers European principles of reciprocal relations between Ukraine and NATO and scrutinizing the experienceof neutrality of foreign relations of separate states generating and generalizing the fundamental principles on settlement and exitfrom the Russian-Ukrainian military conflict. The attention has also been stipulated on the peculiarities on obtaining neutrality byEuropean states, scrutinizing the experience of separate countries towards settlement of external conflicts (Sweden, Finland).The government of Sweden has determined a new defense policy, related with the non-participation in wars, loses its practicalcontent and the neutral status of the mentioned countries to a certain extent becomes a symbolic consequence of historictraditions. The separate issues of fundamental principles of the development of relations between Ukraine and NATO have beenscrutinized.There’s a new tendency visible in the foreign policy of states – unlike the previous periods of time the neutral and non-blocstates do not avoid nor open the international political, economic and even military cooperation, they cooperate within theframework of UN, NATO, EU, OSCE hoping that this cooperation will facilitate the reinforcement of friendly relations betweenstates.Ukraine is presented as a sovereign, independent and stabile state, that is irreversibly loyal to the principles of democracyand the rule of law, has a prior meaning for the Euro-Atlantic security. The relations between Ukraine and NATO started thedevelopment at the beginning of the 90-ties of the XX century and since then has become one of the most significant NATOpartnerships. In the course of 2010 in Ukraine there was a tendency of measures and events predominantly related with thereview of organizational principles of cooperation with NATO and the transformation of entities responsible for this process.Starting from 2014, because of the Russian-Ukrainian conflict, the Ukraine-NATO cooperation has been intensified in a set ofcritical fields. Also, a step that has not been less significant was the event that on 12 of June 2020 the NATO North AtlanticCouncil has approved the decision on granting our state the status of a NATO partner-nation with extended capabilities.

Sign in / Sign up

Export Citation Format

Share Document