Legal Literacy - Exploring the concept of the General Principles of Good Governance in state administrative law. Learn about the functions and types of the General Principles of Good Governance and how their implementation affects government policies and citizens' rights.

Definition of the General Principles of Good Governance

The General Principles of Good Governance, or in Latin “algemene beginselen van behoorlijk bestuur,” are principles that regulate government efforts in making a decision (beschikking). The General Principles of Good Governance are fundamentally formed as legal protection for state administration as a limitation on the authorities of government officials so as not to cause losses to the public as a result of the birth of a policy.

Ridwan HR, in his book on Law of State Administration, argues that the general principles of good governance refer to basic guidelines and procedures in carrying out good governance. The goal is for the government to run well, be polite, fair, respectful, and free from unfair practices, rule violations, abuse of authority, and arbitrary actions.

Functions of the General Principles of Good Governance

The General Principles of Good Governance certainly have several functions. Ridwan HR in his book states that there are at least 4 functions, including:

  1. Towards the legislative body, the General Principles of Good Governance can be used as a guideline in drafting laws
  2. For judges of the State Administrative Court (PTUN), it can be used as a guideline in deciding a case relating to the cancellation of a State Administrative Decision (KTUN)
  3. For the public, it can be used as a guideline in suing agencies or officials of state administration due to the issuance of a KTUN.
  4. For government officials, it can be used as a reference for interpretation and application in the event of confusing regulations, and to avoid actions that violate the law in carrying out their government