Analisis Unsur Perbuatan Pidana Dalam Kasus Korupsi Impor Gula Mantan Menteri Perdagangan Thomas Trikasih Lembong

The comparative regulation of general principles of good governance in the laws and licensing related in Indonesia, to identify and assess the general principles of good governance which has been described in the licensing regulations in East Lombok and to analyze court decisions related dispute of application of general principles in good governance in the issuance of permits in eastern Lombok. By using statute approach, conceptual approach, comparative approach and case approach . The regulations of the general principles of good governance in the relevant licensing legislation in Indonesia is regulated in various ways with the terms and details of different . Furthermore, the regulations governing the licensing area in East Lombok has outlined eight general principles of good governance. While the procedures related to the issuance of permits in East Lombok is not yet fully guided by the general principles of good governance. Keywords : Application, General Principles of Good Governance and Licensing

This study aims to determine that governance must be based on the principle of legality, the principle of protection of human rights and the general principles of good governance (AAUPB), and must be guided by the principle of not abusing authority. Regarding the actions of the authorities for criminal acts of corruption, it can be seen in Article 3 of the Anti-Corruption Law that the authority by someone who has a position or position as a result is detrimental to the State Finance. The research method used is normative legal research with analytical descriptive nature. The research data sources consist of primary and secondary legal sources using a library research approach which are then analyzed qualitatively. The results of the study indicate that the authorities, both according to state administrative law or criminal law, have their respective legal domains, even though both have a close relationship. In terms of the government's accountability for state finances in accordance with Article 30-32 of Law No. 17 of 2003 concerning State Finances, it is stated that both the President and Regional Heads (Governor/Regent/Mayor) are required to submit an accountability report on the implementation of the APBN/APBD to the DPR/DPRD in the form of financial statements that have been audited by the BPK so that it causes state financial losses in corruption in practice more than real losses (actual losses) and does not discuss detrimental losses from potential future losses

This study aims to reveal the paradigm of General Principles of Good Governance as a method of examination for Indonesian presidential impeachment based on the perspective of ethical control. This study employed the method of legal research. It was carried out to reveal principles and basis of (dogmatic or doctrinal) philosophy of positive law. In addition, the study is legal discovery in-concreto that is feasible to be applied to resolve a certain legal case. This study exposes that one of the legal reasons for the termination of the President of Indonesia is despicable deeds. It is determined as an act of President that degrade human characters. Hermeneutically, the meaning of “despicable deeds” may cover criminal acts and ethical actions. Therefore, the meaning of “despicable deeds” in this study is limited into acts of ethics infringement related to the General Principles of The Good Governance. The President can be terminated from the office when there is a violation to the General Principles of the Good Governance since the principles are the ethical principles of government. The principles contain honesty, accuracy, purity, balance, and legal certainty. These principles are the items that bring solution and reference for the House of Representatives (DPR) and the People’s Consultative Assembly (MPR) and the Constitutional Court. Theoretically, there is no norm, either of the 1945 Constitution or of other regulations, which limit the interpretation of “despicable acts” as a reflection of the acts of the President to be classified into ethical conducts. Therefore, the application of the General Principles of Good Governance as method of examination for the presidential impeachment is a new paradigm from the perspective of ethical control in Indonesia.

A clean and competent government applies the general principles of good government. Neutrality is one of the general principles of good government that every state official must uphold. Neutrality of public officials means not taking sides or engaging in practical political interests, especially in elections. This study aims to analyze the problems related to public officials' neutrality in Indonesia and provide solutions to ensure that neutrality. This study uses qualitative methods with a normative approach. The data used are secondary in the form of legislation, official documents, literature, and relevant previous research results. The results showed that the main problems related to public officials' neutrality in Indonesia are public officials' low awareness and understanding about the importance of neutrality, weak supervision, sanctions against neutrality violations, and the pressure and intervention of certain interested parties. Solutions that can be provided to ensure the neutrality of public officials in Indonesia are to increase socialization and education about neutrality, strengthen monitoring and enforcement mechanisms against neutrality violations, and build a culture of integrity and professionalism among public officials. Vigorous law enforcement is the solution.

The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords: AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority.

This study aims to examine the actualization of general principles of good governance in the government administration system at Bone Regency. The type of research used is empirical research. Data collection techniques used in this study were interviews and literature study. The research data were analyzed quantitatively and then presented descriptively. The results showed that the actualization of general principles of good governance in the government administration system at Bone Regency is still not implemented. One of the main reasons is that the professionalism and competence of SCA resources in Bone Regency are still low. Furthermore, the factors that influence realizing the general principles of good governance in the government administration system at Bone Regency include leadership capability, supervision, SCA resources, and consensus between government and citizens. Therefore, substantial efforts are needed to improve the professionalism and competence of SCA resources through education and the provision of special training. In addition, leadership capability, supervision, and consensus between government and citizens also need to be improved and carried out consistently so that the actualization of general principles of good governance in the government administration system at Bone Regency can be carried out well in the future.

This study aims to examine the actualization of general principles of good governance in the government administration system at Bone Regency. The type of research used is empirical research. Data collection techniques used in this study were interviews and literature study. The research data were analyzed quantitatively and then presented descriptively. The results showed that the actualization of general principles of good governance in the government administration system at Bone Regency is still not implemented. One of the main reasons is that the professionalism and competence of SCA resources in Bone Regency are still low. Furthermore, the factors that influence realizing the general principles of good governance in the government administration system at Bone Regency include leadership capability, supervision, SCA resources, and consensus between government and citizens. Therefore, substantial efforts are needed to improve the professionalism and competence of SCA resources through education and the provision of special training. In addition, leadership capability, supervision, and consensus between government and citizens also need to be improved and carried out consistently so that the actualization of general principles of good governance in the government administration system at Bone Regency can be carried out well in the future.

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.

The constitutive or first-to-use system in trademark registration in Indonesia actually creates problems, particularly in failing to meet substantive justice aspects in trademark registration. This is because the constitutive or first-to-use system only provides protection for registered trademarks. This research aims to analyze and reconstruct a trademark registration system that accommodates the General Principles of Good Governance (AUPB). This study provides a novel perspective by integrating the General Principles of Good Governance (AUPB) with Indonesia's trademark registration system, offering a unique approach to enhance substantive justice in trademark law. The research highlights the need for reform in the Indonesian trademark registration process, which can guide policymakers and legal practitioners in improving the accuracy and fairness of trademark protection, thereby reducing disputes and enhancing the protection of intellectual property rights. This research is normative legal research using statutory, conceptual, and philosophical approaches. The research results confirm that the "first to file" system in trademark registration in Indonesia has undermined substantive justice because it only provides legal protection when a trademark has been registered. The urgency to make AUPB a guideline in the trademark registration process is oriented so that the DJKI trademark registration process can prioritize aspects of accuracy and prudence. Reconstructing a trademark registration system model that embodies substantive justice can be done by not applying the constitutive system absolutely but rather relatively by accommodating developments in trademark registration practices. This application needs to be combined with the general principles of good governance to create a fair and effective system in protecting trademark rights and realizing substantive justice.

This article discusses Administrative Court’s control function in governance toward implementation of government’s duties. As we know, Administrative Court has its role to resolve any administrative disputes between government and citizens. The aims of this article is to know deeply the competency of Administrative Court after the enactment of Law Number 30 Year 2014 about Government Administration as the law regulates main material sources of state administrative law. This is due to the addition of general principles of good governance’s types to file a tort claim for an unlawful act committed by government. Moreover, general principles of good governance become a legal instrument for Judges of State Administration Court to review the legality of any decision of State Administration. In the Article 10 Law Number 30 Year 2014 is stated that there are eight types general principle of good governance. However, Judges has a right to look broader and find another types beyond that eight in order to make legal decision. Therefore, Law Number 30 Year 2014 becomes foundation of the main material law of state administrative procedure law. In the other hand, Law Number 30 Year 2014 requires government to publish every administrative decree based on provisions in law and general principles of good governance.

Implementation of Legality Principles in Government Administration to Make Good Governance

The unlawful elements in Articles 2 and 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption are legal elements that are complex and open to multiple interpretations. These elements not only encompass violations of legal regulations but also violations of the general principles of good governance (AUPB) and standards of propriety in the exercise of public power. This study aims to conduct an in-depth analysis of the effectiveness of proving the unlawful element in criminal corruption trials, as well as to identify the obstacles and legal strategies used by law enforcement officials. The research method used is a normative legal method, with a legislative approach. The first discussion focuses on the differences in the characteristics of the unlawful element in Article 2, which is a formal offence, and Article 3, which is a material offence, as well as their consequences for proof in court. The second discussion outlines the various technical and legal obstacles faced by public prosecutors in proving these elements, including difficulties when there is no written violation of the law, as well as strategies for proving through non-legalistic approaches such as expert opinions on governance and proof through the principles of propriety and substantive justice. The research findings indicate that the effectiveness of proving the element of unlawfulness is highly dependent on the flexibility of judicial interpretation and the courage of law enforcement officials in exploring the values of substantive justice. Therefore, it is recommended that the Supreme Court develop technical guidelines for proving the element of unlawfulness in corruption crimes to ensure legal certainty and consistency in judicial practice

Every Government Institution, in carrying out its administrative duties and authority, is based on several principles, one of which is the General Principles of Good Government (AUPB). AUPB is a principle used as a reference for the use of authority for Government Officials in issuing Decisions and/or Actions in administering government. One of the government institutions that functions to supervise the financial sector is the Financial Services Authority. The researcher will solve the legal issues surrounding the role of general principles of good governance in the revocation of insurance business licenses using normative juridical methods, because the author wants to find answers to these legal issues based on norms or legal or statutory aspects. This legislative approach is used by researchers to examine statutory regulations and other legal rules relating to insurance in order to answer problems in the form of the role of general principles of good governance in the revocation of insurance business permits. There are 8 (eight) points covered by the General Principles of Good Government, namely legal certainty, usefulness, impartiality, accuracy, non-abuse of authority, openness, public interest and good service. The legal consequences that occur if an insurance company has had its business license revoked are that all business activities are stopped and they are required to hold a General Meeting of Shareholders (GMS) and also form a Liquidation Team to compensate the losses of the injured parties. Apart from violations committed by insurance companies contained in POJK No. 9/POJK.05/2021, the OJK must also take the AUPB into consideration before issuing a decision, especially in this case if the OJK revokes the business license of an insurance company.
 

After the emergence of Law Number 30 of 2014 concerning Government Administration, there has been an expansion of the meaning of State Administrative Decrees. The expansion of this understanding is very necessary because the object of the State Administrative Court is becoming increasingly broad. However, the widening of the object does not necessarily guarantee that the state administration will run in line with the General Principles of Good Governance. This research was made with the aim of knowing the expansion of the meaning of State Administrative Decisions after the emergence of the Government Administration Law and good governance after the emergence of the Government Administration Law. The research method used is normative juridical with a statutory approach. Sources of data used are primary legal materials, secondary. It was analyzed qualitatively, and the existing data was obtained through literature study data collection methods. In this study, the results were obtained that there was indeed an expansion of the meaning of State Administrative Decrees after the emergence of Law Number 14 of 2014 concerning Government Administration. As well as the expansion of the meaning of the State Administrative Decree has a very close relationship with the realization of the General Principles of Good Governance. This principle has been used as a basis for the government to carry out its duties and has become a judicial test tool when assessing government actions.

This article aims to analyze the shift in the form of legal politics in implementing the General Principles of Good Governance (AUPB) in Indonesia, including its legal consequences. With the explicit mention of AUPB in the new Law on Government Administration, this becomes an interesting topic from a legal and political perspective. Before the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AUPB) was still abstract and unclear in its direction and implementation. This research is a normative juridical research using a statutory approach. The findings of this research reveal that the shift in the legal politics of AUPB in Indonesia through Law Number 30 of 2014 concerning Government Administration has shifted the format of legal politics in Indonesia. This shift has had a positive influence on the development of legal politics in Indonesia, including: a) making the status of principles into concrete legal norms; b) making it easier for the courts to adjudicate an action by administrative officials; c) facilitating control of administrative actions; d) simplifying public control; e) emphasizing the importance of supervision of official actions; f) guarantee civil rights; g) prevent government arbitrariness against civilians