Abstract

Accountability is the key to good governance. In the global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn't have the necessary rules to solve the problem arised. In Indonesia, the decision from government to bailout century bank is controversial as of right now. The need of comprehensive law in related to economic, political and social factor should be considered. The law of Administrative Governance of Indonesia (UU No 30/2014) had provided the code of conduct for government action. The placement of discretion in one whole chapter can be seen in two ways side-the restriction of government action and protection for public rights. In practice, the implementation of such rule is not accessible as the formulation intended. Harmonization with the law of Administrative Courts in Indonesia (UU No 5/1986 jo UU No 9/2004 jo UU 51/2009) is still needed.

Highlights

  • The Indonesian Law regarding Government Administration provides for the code of conduct for government action

  • Supreme Court had done the interpretation of law when they review policy in the form of letter of memorandum from Mineral and Geothermal Directorate General No 03/31/ DJB/2009.17 The concept of judicial review of administrative action has been practiced in Singapore

  • Administrative decisions which are already an object at the state administration court are written decisions issued by government offices or authorized official which contain action of administrative law based on legislation in force, concrete, individual, and final, give rise to legal consequences to a person or private legal entity

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Summary

Introduction

Utilitarians can accept inequalities, social arrangements in which there is some benefit at the expense of others, provided the benefits (or pleasures) exceed the costs (or pains), so that the outcome is the maximisation of overall welfare level (the greatest happiness of the greatest number). Rawls uses a refurbished version of the social contract argument that “free and rational persons concerned to further their own interests would accept in an initial position of equality as defining the terms of their association”.3. He sets out to show that certain moral principles are binding upon us because they would be accepted by people like us in ‘the original position’. Century bailout policy case will try to shed light on administrative action in resolving public matters

Justice and the Rule of Law
Judicial Review and Discretion
Discretion as an Object of Judicial Review
Judicial Review of State Administration Court
Harmonization of Legislation
43 Article 5 paragraph 1
Judicial Review of the Bank Century Bailout
Conclusion

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