Legal Literacy - This article discusses the theory of state administrative law. The field of state administration can be seen from the development of these theories as follows.
1. Theory of State Administrative Law: Ekapraja Theory (Ekatantra)
In the 14th and 15th centuries, the system of government in general, especially in Europe, was an absolute monarchy, where all state power was in one hand, namely the king. In this absolute monarchy, administration as state administrative law that makes regulations (legislative) and implements (executive) and maintains state administrative law in the sense of supervising (judicial) all rests with the king, for his benefit. The system of government of state administrative law is centralized and concentrated. In a concentration system, other state apparatuses are assistants to the king, so they may not take their own initiative in carrying out their functions.
Therefore, there is only one kind of power, namely the power of the king, so the government of state administrative law is often called the government of state administrative law Eka Praja. In such a country, the king can do and act arbitrarily, which results in the freedom and independence of citizens being suppressed and narrowed. The rights and freedoms of citizens are not recognized at all.
As a result of the king's arbitrary actions and deeds, thinkers and scholars of state and law emerged who wanted to break through the system of absolute monarchy state administrative law and desired a system that recognized and guaranteed individual rights and was guaranteed and protected by law.
2. Theory of State Administrative Law: Dwipraja Theory (Dichotomy/Dwitantra)
A German Austrian scholar Kelsen with Die Reine Rechts Theorie, a new school of legal science, namely the Vienna School, which divides all state power into two areas, namely:
- Legis Latio, which includes “law creating functionâ€;
- Legis Executio, which includes:
- legislative power;
- judicial power.
The task of Legis Executio is broad, namely implementing the constitution and all laws established by the legislative power, thus encompassing not only the administrative power but also all judicial power. Then, Kelsen divides the administrative power into two areas, namely:
- political function (called government);
- administrative function (in German “verwaltungâ€, while in Dutch it is called “bestuurâ€).
This division into two areas is also called dwipraja or dwitantra. Nawiasky in his book Alge-meine Staatslehre divides all activities of the state administrative law into two parts.
- Normgebung, namely the formation of legal norms and their promulgation, which is free in choosing its object according to necessity.
- Normvolisichung or the executive function which is bound to the norms or laws that must be implemented.
Nawiasky divides normvolisichung into two parts, namely:
- C. Hu Verwaltung or government of state administrative law (pangreh);
- Rechtsplege or justice.
According to A.M. Donner, the distinction of government power in state administrative law can be seen from the nature of the essence of the function that exists in a country, which can be divided into two groups, namely:
- the power that determines the tasks (taakstelling) of government instruments or the power that determines state policy;
- the power that carries out the tasks that have been determined or realizes the state policy that has been predetermined.
Frank J. Goodnow divides all governmental powers of state administrative law into a dichotomy, namely:
- policy making, which determines tasks and direction;
- task executing, which is the executor of tasks and state direction.
The theory that divides the function of government administrative law into two functions as mentioned above is called the Dwipraja Theory.
Comment (0)
Write a comment