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 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 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 Jawade Hafidz Arsyad's Perspective on Corruption in the Perspective of State Administrative Law

2019 ◽  
Vol 5 (1) ◽  
pp. 123-140
Author(s):  
Miftakhul Ihwan
Keyword(s):  
Welfare State ◽  
Public Service ◽  
Organized Crime ◽  
Administrative Law ◽  
The State ◽  
Public Welfare ◽  
State Administration ◽  
State Administrators ◽  
The Government ◽  
The Welfare State

The government with all its tools as the main pillars of state administrators is increasingly faced with several problems. There needs to be unity between government elements in solving a problem, one of which is corruption, corruption is generally carried out by people who have power in a position, so that the characteristics of corruption crimes are always related to the misuse of organized power. in looking at corruption belonging to organized crime. The task of the State Administration in the welfare state according to Lemaire is mentioned as the bestuurzorg task and its function is to carry out public welfare. To achieve the goals of the state various supporting facilities are needed, in this case one of them is a legal means. The strategy offered in the perspective of  State Administrative Law is to eradicate corruption, namely Public Service Bureaucracy Reform and Accountability, Eligible General Principles of Government, Good Govermance, and Eradication of the End of  Corruption in a State Administrative Law Perspective.

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.

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 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.

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.

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

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