Legal Literacy - This article discusses the history and development of state administrative law, the principles that must be applied in government decision-making and policy implementation, its implementation in Indonesia, and several cases related to state administrative law.
Learn more about its history and development, its principles, and its implementation in Indonesia. Don't miss some important cases related to this law in Indonesia.
Definition of State Administrative Law
State administrative law or government administrative law is a branch of law that regulates the relationship between the government as the state administrator and the community or individuals affected by government policies. This law also includes regulations and procedures in government administration activities, including the decision-making process and policy implementation. To be more easily understood, the Description Scheme of State Administrative Law can be described as follows: State Administrative Law can be explained as follows: First, the law is a means used by the authorities to regulate and control society. Second, this law also regulates how citizens participate in the regulation and control process. Third, state administrative law functions as legal protection. And fourth, the law establishes fundamental norms for the authorities in carrying out good governance.
state administration has a history and
History and Development
Law long development, especially in Indonesia, which was once a Dutch colony. During that period, this law developed in order to fulfill the interests of the Dutch colonial in Indonesia. After Indonesia's independence, state administrative law was maintained and became part of the Indonesian legal system. The reform era in Indonesia also brought changes to this law, including the recognition of human rights and transparency in government policies.
state administration is based on several main
Principles of State Administrative Law
Law principles that must be applied in government decision-making and policy implementation. Some of these principles include: Principle of legality
This principle states that every government action must be based on applicable law. Government actions must comply with the provisions contained in applicable laws and regulations. This is done so that government actions do not violate human rights and the rights of citizens.
This principle stipulates that government actions must be proportional to the objectives to be achieved. Government actions must be appropriate and not excessive in making decisions or imposing sanctions. This principle of proportionality is important to protect the rights of citizens and prevent discriminatory actions by the government.
Principle of proportionality
This principle stipulates that government actions must be proportional to the objectives pursued. Government actions must be appropriate and not excessive in making decisions or imposing sanctions. This principle of proportionality is essential to protect the rights of citizens and prevent discriminatory actions by the government.
Principle of legal certainty
The principle of legal certainty guarantees that the law must be clear and understandable to the public. The government must explain in detail the applicable legal provisions so that the public can understand their rights and obligations. This will provide legal certainty for the public and prevent arbitrary actions by the government.
Principle of transparency
Principle Transparency Requires that the government must be transparent in carrying out its duties. Information regarding government policies, decisions, and actions must be easily accessible to the public. This will strengthen public participation in the decision-making process and provide an opportunity for the public to provide input and criticism of government policies.
Implementation of State Administrative Law
The implementation of this law is carried out through organizations and structures of state institutions that are tasked with making decisions and implementing government policies. In Indonesia, the government system uses the principle of decentralization, where power and responsibility are given to certain regions to make decisions in accordance with the interests of the local community.
This law has an important role in Indonesian governance and is very important in maintaining public order and welfare. In some cases, administrative law can also be used as a means to protect the rights of citizens and resolve disputes between the government and the public.
Cases in State Administrative Law
Some cases related to state administrative law in Indonesia include:
Infrastructure development
Infrastructure development is often a source of conflict between the government and the public. The government must carry out the process of land acquisition and implementation of infrastructure projects in accordance with applicable legal provisions.
Business licensing
The process of granting business licenses must be based on applicable legal provisions. The government must carry out verification and evaluation of business license applicants to ensure that the applicants meet the established requirements. This process must also be transparent and accessible to the public.
Land use
Land use that is not in accordance with legal provisions can lead to conflicts between landowners and the government. The government must carry out the land acquisition process transparently and provide fair compensation to affected landowners. In addition, the government must also ensure that land use does not damage the environment and the health of the surrounding community.
Conclusion
State administrative law or governance law is an important part of the Indonesian government system. The principles contained in this law include the principle of legality, proportionality, legal certainty, and transparency must be properly applied in every government action. The implementation of governance law must also be carried out in a transparent and fair manner to protect the rights of citizens.
Several cases in governance law such as infrastructure development, business licensing, land use, taxes, and consumer protection must be handled wisely and proportionally. The dispute resolution process must be carried out fairly and objectively to achieve justice for all parties.
FAQs
What is state administrative law?
The law that regulates government actions in carrying out its duties and functions to fulfill public interests.
Who is responsible for administering state administrative law?
The task of administering state administrative law or administrative law rests with government officials such as regional heads, civil servants, and others related to the implementation of government duties.
Does state administrative law only apply in Indonesia?
This law applies worldwide and is not limited to the territory of Indonesia. Each country has different regulations regarding administrative law.
What is the difference between state administrative law and criminal law?
State administrative law and criminal law are two different types of law. State administrative law regulates government actions in carrying out its duties, while criminal law regulates criminal acts committed by individuals.
How to file a lawsuit related to state administrative law?
To file a lawsuit related to this law, a person can submit an application to the State Administrative Court (PTUN) after making administrative efforts first. The lawsuit filing process must meet the requirements determined by law.
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