State Administrative Law Theory: Dwipraja (Dichotomy/Dwitantra) Theory
An Austrian-German scholar, Kelsen, with his Die Reine Rechts Theorie, introduced a new school of law, the Vienna School, which divided all state power into two areas:
- Legis Latio, which includes the "law creating function";
- Legis Executio, which includes:
- Legislative power;
- Judicial power.
The task of Legis Executio is broad, encompassing the execution of the constitution and all laws established by the legislative power, including administrative and all judicial powers. Kelsen then divided the administrative power into two areas:
- Political function (referred to as government);
- Administrative function (in German "verwaltung", and in Dutch "bestuur").
This division into two areas is also called dwipraja or dwitantra. Nawiasky in his book "Alge-meine Staatslehre" divided all state administrative law activities into two parts.
- Normgebung, which involves the creation of legal norms and their enactment, freely choosing its objects as needed.
- Normvolisichung or executive function, which is bound by norms or laws that must be implemented.
Nawiasky divided normvolisichung into two parts:
- Hu Verwaltung or state administrative law government (pangreh);
- Rechtsplege or judiciary.
According to A.M. Donner, the distinction of state administrative law powers can be seen from the nature of the functions in a state, which can be divided into two groups:
- Powers that define the tasks (taakstelling) of government tools or powers that determine state politics;
- Powers that carry out the tasks determined or realize the previously determined state politics.
Frank J. Goodnow divided all state administrative law powers into a dichotomy:
- Policy making, which determines tasks and directions;
- Task executing, which carries out the tasks and directions of the state.
The theory that divides the functions of state administrative law into two functions is called the Dwipraja Theory.
Tulis komentar