scholarly journals State Civil Apparatus in Indonesia in the Conception of Welfare State: A Study of Legal Material Law Number 5 Year 2014 on State Civil Apparatus

2019 ◽  
Vol 15 (3) ◽  
pp. 64
Author(s):  
Mukmin Muhammad ◽  
La Ode Husen
Keyword(s):  
Welfare State ◽  
Social Development ◽  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Development Economic ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
Development Tasks

In essence every form of government interference must be based on legislation that applies as a principle of legality, which is the main joint law of the State. However, because there are limitations to this principle or because of weaknesses and shortcomings in the laws and regulations, the government is given freedom. Freies Ermessen, namely the freedom of the government to be able to act on its own initiative in solving social problems. Freies Ermessen raises opportunities for conflicts of interest, in order to avoid or minimize violations of citizens' rights, hence increasing legal protection for deviant state administration (Verhoogde Rechtsbescherming) in the form of "Algemene Beginselen Van Behoorlijk Bestuur" or general principles of good governance. The task of government is carried out in the framework of the implementation of the general functions of government which includes institutional, personnel and management utilization. Whereas in the implementation of certain development tasks carried out in the context of implementing certain development tasks carried out through nation-building (cultural and political development) as well as through economic and social development (economic and social development) which is directed at increasing the welfare and prosperity of the entire community, Law Number 5 Year 2014 on state civil apparatus as the basis for regulating the state civil apparatus in each of its implementation policies prioritizes the foundation of legislation, propriety and justice. The method of research is normative legal research methods, namely the study of legal principles legal rules which are standards for behaving or behaving. This research can be carried out (especially) on primary and secondary legal materials, as long as the materials contain legal rules, because not every article in a law, for example, contains legal rules; there are articles which are only limits as commonly found in the general provisions of the legislation. Research on legal principles is a philosophical study because the legal principle is an ideal element of law. Goals: The purpose of this research is to make the state civil apparatus understand the concept of the welfare state, the use of discretionary power (Freies ermessen), understand the principles that limit the actions of state civil apparatus to avoid corruption and collusion and nepotism in realizing people's welfare in Indonesia. Novelty/Improvement: This article discusses the study of law regarding the position of Civil Servants in Indonesia based on Law Number 5 Year 2014 on State Civil Apparatus. Concerning state civil apparatus which is associated with principles general good governance, this research article is also expected to be able to provide information for readers to be able to realize the state civil apparatus free from the practice of collusion, corruption and nepotism in realizing good governance in Indonesia in the conception of welfare state.

scholarly journals Privatization of State Owned Enterprises in The Welfarestate Perspective

2018 ◽  
Vol 54 ◽  
pp. 03008
Author(s):  
Tuti Widyaningrum ◽  
Rike Yunita Budi Hutami
Keyword(s):  
Welfare State ◽  
Analytical Study ◽  
Negative Impact ◽  
The State ◽  
Legal Principles ◽  
The People ◽  
The Social ◽  
The Government ◽  
Privatization Policy ◽  
The Welfare State

This paper proposed an analytical study and investigation about State-owned enterprises (SOEs) privatization policy against welfare state perspective. Other than having an economic impact it also led to a constitutional polemic in Indonesia. So far, privatization of SOEs is considered as the best solution for SOEs to be more productive and efficient when handled by the private sector rather than controlled and managed by the state. However, the negative impact of privatization is not least disadvantageous for the state especially to the people where there are no guarantees and legitimacy from the state responsibility when SOEs has already profit oriented. This research would like to find a new concept of privatization of SOEs in accordance with the welfare state perspective. This research used a normative juridical legal research method. This method was chosen because the object was of norms and doctrines and legal principles related to the title of this research. The Author believes, Privatization has changed the social welfare schemes at as well as distorted the role and responsibilities of the state in realizing common prosperity. The conclusion is the Government should to review all regulations concerning the SOEs privatization and revoke regulations that are contrary to the welfare state principle in Indonesia.

scholarly journals Asas-Asas Umum Pemerintahan yang Baik dalam Pelayanan Publik

2019 ◽  
Vol 2 (3) ◽  
pp. 541-557
Author(s):  
Solechan Solechan
Keyword(s):  
Welfare State ◽  
Public Service ◽  
Service Provider ◽  
Service Providers ◽  
Good Governance ◽  
Legal Protection ◽  
Legal Norm ◽  
History Of ◽  
The Government ◽  
Important Position

Abstract AAUPB (Asas asas umum pemerintahan yang Baik)  has a long journey from the beginning of its birth in the Netherlands to its application in Indonesia today. AAUPB at first was only in the theoretical realm and then entered into law until AAUPB got a very important position in Law No. 30 of 2014. Initially, AAUPB was intended as a means of legal protection or rechtsbescherming and was even used as an instrument to increase legal protection or rechtsbescherming for citizens from government actions. AAUPB is then used as the basis for judgments in the judiciary and administrative efforts, as well as an unwritten legal norm for government actions  The history of the development of AUPB in Indonesia can be seen from the development of the AUPB principle in various laws and regulations, the practice of implementing the AUPB in court decisions or jurisprudence and doctrine. The development of the AUPB principle arrangement had found an increasingly strong momentum when the Government Administration Act was passed in 2014. As a result of the adoption of the concept of the welfare state, the state must fulfill the welfare of the community, one of which is through public services. With the AAUPB, it is expected that the government as a public service provider, can accept the AAUPB as a legal norm that must be used as the basis by the civil service provider in carrying out its authority, as well as a means for citizens to sue deviant public service providers. Keywords: General principles of good governance, public service. Abstrak Asas-asas umum pemerintahan yang baik (selanjutnya disebut AAUPB) lahir dari praktik penyelenggaraan negara dan pemerintahan sehingga bukan produk formal suatu lembaga negara seperti undang-undang. Asas-asas umum pemerintahan yang baik dapat dipahami sebagai asas-asas umum yang dijadikan sebagai dasar dan tata cara dalam penyelenggaraan pemerintahan yang layak, yang dengan cara demikian penyelenggaraan pemerintahan itu menjadi baik, sopan, adil, dan terhormat, bebas dari kezaliman, pelanggaran peraturan, tindakan penyalahgunaan wewenang dan tindakan sewenang-wenang. Sejarah perkembangan AUPB di Indonesia dapat dilihat dari perkembangan prinsip AUPB dalam berbagai peraturan perundang-undangan, praktik penerapan AUPB dalam putusan pengadilan atau yurisprudensi serta doktrin. Perkembangan pengaturan prinsip AUPB menemukan momentumnya yang semakin kuat, tatkala UU Administrasi Pemerintahan disahkan pada tahun 2014. Sebagai akibat dari dianutnya konsepsi welfare state maka negara memiliki kewajiban untuk memenuhi kesejahteraan masyarakat salah satunya melalui pelayanan publik. Dengan adanya AAUPB diharapkan pemerintah sebagai pemberi pelayanan publik dapat menerima AAUPB sebagai norma hukum yang harus dijadikan dasar oleh penyelenggara pelayanan publik dalam menjalankan kewenangannya, sekaligus sarana bagi warga negara untuk menggugat penyelenggara pelayanan publik yang menyimpang. Kata Kunci : Asas-asas umum pemerintahan yang baik, Pelayanan Publik

scholarly journals General Principles of Good Governance in Indonesia: What are The Legal Bases?

2019 ◽  
Vol 15 (1) ◽  
pp. 1-8
Author(s):  
M. Zamroni
Keyword(s):  
Welfare State ◽  
Public Service ◽  
General Principle ◽  
Good Governance ◽  
The State ◽  
Legal Basis ◽  
Legal Certainty ◽  
Government Administration ◽  
The Government ◽  
The Welfare State

The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

scholarly journals DIMENSION OF WHISTLEBLOWING SYSTEM: URGENSITY OF LEGISLATION STRENGTHENING

2019 ◽  
Vol 8 (3) ◽  
pp. 371
Author(s):  
Bobby Briando ◽  
Sri Kuncoro Bawono ◽  
Tony Mirwanto
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Legal Protection ◽  
Three Dimensions ◽  
Circular Letter ◽  
Victim Protection ◽  
The Government

Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic's impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country's economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

scholarly journals Pengaruh Audit Internal dan Akuntabilitas Suber Daya Manusia terhadap Perwujudan Good Governance pada Lembaga SKK Migas

2015 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro
Keyword(s):  
Human Resources ◽  
Oil And Gas ◽  
Good Governance ◽  
Internal Audit ◽  
Sampling Technique ◽  
The State ◽  
Survey Method ◽  
Special Unit ◽  
The Republic ◽  
The Government

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

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