3) Principle of Impartiality
This principle requires government officials to pay attention to the interests of the parties concerned in a non-discriminatory and comprehensive manner.
4) Principle of Accuracy
This principle requires KTUN to be issued based on clear documents and information as legality of the implementation of KTUN to the parties concerned accurately.
5) Principle of Not Abusing Authority
This principle requires every government official not to exploit their authority for personal gain or other interests that are not in line with the purpose of granting that authority.
6) Principle of Transparency
This principle obligates government officials to provide services to citizens in an open manner, meaning providing access to obtain honest and accurate information in administering the government, while considering the protection of the rights of the community, groups, and state secrets.
7) Principle of Public Interest
This principle obligates government officials to prioritize public benefit and welfare through non-discriminatory, selective, accommodating, and aspirational efforts. The interpretation of this public interest is that government officials, when making a State Administrative Decision (KTUN), must prioritize the interests involving many people, in this case, the community.
8) Principle of Good Service
This principle obligates government officials to serve the community well. Good service means serving with clarity regarding procedures and costs based on applicable regulations.
Practice of the General Principles of Good Governance
In its implementation, people who feel aggrieved by the existence of a KTUN caused by a violation of the General Principles of Good Governance by government officials can file a lawsuit through the State Administrative High Court (PTUN). Many cases have been decided due to violations of the General Principles of Good Governance, resulting in administrative defects.
The General Principles of Good Governance should still be regarded as legal principles even though they are stipulated in laws and regulations. This means that the General Principles of Good Governance in the law should be implicitly recognized in their formal legal aspect. As for the indicators of the implementation of the General Principles of Good Governance, law enforcers should not only view them rigidly as a formal interpretation but also dynamically explore them using various other regulations such as jurisprudence and norms that exist in society.
This is in line with 2 foundations as a consequence of the existence of legal principles. The first is the real foundation that depends on the facts in society, and the second is the ideal foundation that depends on the values of community life dynamically, consisting of elements of ratio and morality. Example of the Application of the General Principles of Good Governance
Application of the General Principles of Good Governance
One example of the implementation of the General Principles of Good Governance (AAUPB) is the principle of prudence, which can be found in Supreme Court Decision Number 07 K/TUN/2014 between the Regent of Kampar and the indigenous people of Kenegerian Tambang Terantang. The Regent of Kampar issued a decision dated October 31, 2012, approving a permit for mining business operations for the production of rock, sand, and stone minerals to parties outside the indigenous community, located on their customary land (pp. 1 and 4).
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