Abstract
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.
Highlights
The aim of the Indonesian people as confirmed in the preamble of the 1945 Constitution of the Republic of Indonesia was to establish an Indonesian state government that protected all Indonesian people and all of Indonesia's bloodshed, to promote public welfare, educate the nation's life, and participate in lasting peace and social justice.Protecting all the Indonesian people and the whole bloodshed of Indonesia means guaranteeing every Indonesian nation to obtain their respective rights and obligations. advancing general welfare is the duty of the unitary State of the Republic of Indonesia to advance the standard of living, from the community to achieve prosperity for the people as a whole
The Indonesian state is a welfare state which is an evolution from an ancient country that was only a night watchman
The consequence of the welfare state is that the state intervenes in all forms of community activities to ensure the implementation of public welfare
Summary
The aim of the Indonesian people as confirmed in the preamble of the 1945 Constitution of the Republic of Indonesia was to establish an Indonesian state government that protected all Indonesian people and all of Indonesia's bloodshed, to promote public welfare, educate the nation's life, and participate in lasting peace and social justice.Protecting all the Indonesian people and the whole bloodshed of Indonesia means guaranteeing every Indonesian nation to obtain their respective rights and obligations. advancing general welfare is the duty of the unitary State of the Republic of Indonesia to advance the standard of living, from the community to achieve prosperity for the people as a whole. The aim of the Indonesian people as confirmed in the preamble of the 1945 Constitution of the Republic of Indonesia was to establish an Indonesian state government that protected all Indonesian people and all of Indonesia's bloodshed, to promote public welfare, educate the nation's life, and participate in lasting peace and social justice. Participating in maintaining world order based on independence, eternal peace and social justice is the ideal of world peace by involving all elements of the state in the world to achieve order and peace. To achieve these objectives based on Pancasila and the 1945 Constitution of the Republic of Indonesia, national development was carried out in Indonesia. State Civil Service Administration is regulated in Law Number 5 Year 2014 on State Civil Apparatus (State Civil Apparatus) and other laws and regulations
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