General Principles Of Good Governance Research Articles

Government Accountability in Universal Services in Collaborative Regulation: A Perspective on the General Principles of Good Governance (AUPB)

Universal telecommunication services are one of the government's efforts to ensure equitable accessibility of telecommunication services for all levels of society. However, at this time, telecommunications regulation is entering a collaborative generation, which is characterized by the cooperation of various entities to deal with the impact of the widespread digital economy. The purpose of this study is to analyze the extent to which the government has fulfilled its obligations and responsibilities in providing equitable access to telecommunications in the era of the collaborative generation. The research method used is normative juridical with a qualitative approach. The results of this study indicate that while there has been progress in implementing the General Principles of Good Governance in universal telecommunications services, challenges remain in the areas of transparency and accountability, particularly in the allocation of funds and resources. Additionally, disparities in access between urban and rural areas persist, despite collaborative regulatory efforts. The study found that government initiatives, though well-intentioned, require stronger oversight and more inclusive policies to ensure fair and equitable access to telecommunications for all segments of society.

The Concurrent Implications of Government Officials in Indonesia are Viewed from the Concept of Good Governance

Large countries generally have territory, population, government, and sovereignty. The state is literally a construction created by humans regarding the pattern of relations between people in social life organized in such a way as to fulfill interests and achieve common goals. The government in running the wheels of government has received a lot of attention from the public. One of the highlights is the concurrent position of government officials. In Indonesia, many concurrent officials can certainly have potential conflicts of interest. This is interesting to research, which is related to 2 (two) main issues, namely: how is the concurrent arrangement of positions for government officials in Indonesia? and how are the implications of concurrent positions of government officials in Indonesia viewed from the concept of Good Governance? The research was conducted using normative legal research methods and using conflict of interest theory. The results showed that there are arrangements that prohibit concurrent positions and also arrangements that allow concurrent positions which of course can cause potential conflicts of interest. Concurrent positions in terms of the concept of Good Governance directly violate the general principles of good governance, there will be potential for seepage of information and / or policy assistance for those concerned. Therefore, new laws and regulations are needed that must strictly prohibit concurrent positions for legal unity and avoid conflicts of interest for government officials.

Diskursus Pengujian Peraturan Kebijakan (Beleidsregel) oleh Peradilan Tata Usaha Negara

The policy rule, or beleidsregel, is a legal instrument derived from a discretionary legal authority known as freies Ermessen. Unlike legislation and decisions, which are grounded in formal legal principles, policy regulation is based on the principle of discretion. However, in the evolution of administrative law in Indonesia, the use of discretionary power has become more formalized, blurring the lines between policy rules based on discretion and statutory regulations. Despite this, the review and testing of policy regulations continue to rely on general principles of good governance. This reliance makes it challenging for judicial institutions to review or annul policy regulations if they infringe upon citizens’ rights. This paper employs a juridical-normative method, incorporating conceptual-theoretical, statutory, and comparative approaches, to evaluate and propose how the state can safeguard citizens’ rights violated by policy rules. It also examines whether the judiciary should have the authority to review policy rules. The study concludes that an appropriate mechanism should be established between the reviewing body and the standards for evaluating policy rules. Furthermore, the judiciary should have the discretion to determine the standards for policy regulations, whether by applying general principles of good governance or by also considering laws and regulations that a policy regulation might violate.

Banned: Fishing in the Data Tax Lake?

Data gathering and analysis are valuable tools in the global fight against tax fraud. However, their use raises significant legal questions, particularly regarding the extent to which it could qualify as a prohibited fishing expedition. Previous research identified two main characteristics of fishing expeditions: speculation and excessiveness. Judges and scholars claim fishing expeditions are prohibited even though a specific legal ground for this prohibition is lacking. Therefore, it is crucial to examine the legal grounds that can be relied upon to assess the legitimacy and limitations of (big) data tax audits in relation to the prohibition of fishing expeditions.By analysing case law from the Council of Europe, the European Union, Belgium and the Netherlands, this article identifies the implicit legal grounds that support the prohibition of fishing expeditions. It demonstrates how the prohibition is incorporated into the human rights framework, the general principles of good governance and the relevance criterion embedded in European and national legal provisions with regard to investigative powers of tax administrations, providing a comprehensive perspective on their rationale to prohibit fishing expeditions.

POLITICAL LEGAL FORMATION OF LEGAL REGULATIONS USING THE CARRY-OVER MECHANISM AND ITS RELATIONSHIP TO GENERAL PRINCIPLES OF GOOD GOVERNMENT

Legal politics in the formation of a draft law into law requires a mechanism with a process that is not simple. The process of forming statutory regulations is regulated in Law Number 15 of 2019 concerning the Formation of Legislative Regulations. The planning and preparation stage begins with the National Legislation Program (Prolegnas). In the Prolegnas, it is planned and prepared an agenda for any bills which will be the task of the House of Representatives to be discussed for the next 1 (one) to 5 (five) years and are only valid during the term of office of the DPR in that period. Therefore, a mechanism for "inheriting" the bill from the previous period to the next period is needed to ensure the continuity of the bill discussion process or it can be called a " carry-over " mechanism which basically has the main objective of continuing the discussion of the bill so that it reaches the enactment stage. raised in this paper is "What is the process of forming legislation with a carry-over mechanism and its relationship to the general principles of good governance?" The research method used in this journal is normative legal research method, which refers to legal norms contained in laws and court decisions, as well as legal norms prevailing in society. The results of this research show that Prolegnas, as the first step in determining what bills can be drafted using the carry over concept , is a form of legal politics in the formation of laws. It is hoped that the formation of laws through the carry-over concept can perfect the process of forming laws and regulations that pay attention to the effectiveness and sustainability of development planning and are in accordance with the formation of good laws and regulations. Keywords: Legal Politics, Draft Law, Carry-Over.

The role of State Official Wealth Report in realizing the principles of Maqashid Sharia

This research aims to examine and analyze problems related to the implementation of maqasid sharia principles in effective reporting of state administrators' assets in Indonesia and to look for factors causing the ineffectiveness of legal instruments for reporting state administrators' assets in realizing the general principles of government in Indonesia. This research employed a normative legal method, with its prescriptive and applied nature. The research results show that, first, the implementation of maqasid sharia principles in reporting the assets of state administrators is in line with Hifz al-din (maintaining religion), Hifz an-nafs (maintaining the soul), Hifz al-aql (maintaining reason), Hifz an-nasl (maintaining offspring), and Hifz al-mal (maintaining assets); however, the challenge of implementing the principles of maqasid sharia in regulating the reporting of state administrators' assets requires a strong commitment from legal institutions, government, and society. Second, the factor causing the ineffectiveness of the legal instrument for reporting state administrators' assets still needs to be a more vital law enforcement factor. This can be seen in the LHKPN reporting instrument, which is the responsibility of the Corruption Eradication Commission. To deal with these problems, a legal instrument for reporting state administrators' assets is needed to embody the General Principles of Good Governance in Indonesia based on eight principles that the law must fulfil as a basis for forming reasonable regulations.

Analisis Mengenai Diskresi dengan Freies Ermessen

This discretion has consequences from the concept of a welfare state law, where discretionary authority is a necessity for the state to implement welfare for society effectively and efficiently. Discretion also acts as a substitute or workaround for weaknesses in regulations, enabling governments to respond and handle unforeseen situations in a manner consistent with general principles of good governance. The aim of this research is to investigate and identify effective monitoring and accountability mechanisms for the use of Freies Ermessen in the legal system in order to increase integrity and fairness in decision making. The research method used in this research is a qualitative approach with descriptive methods and literature studies. A qualitative approach was chosen because it provides the ability to deepen and understand complex phenomena and allows researchers to explore various perspectives and relevant contexts. The research results show that regarding the use of Freies Ermessen in the legal system, there is a need to develop effective monitoring and accountability mechanisms. Transparency in the decision-making process, setting clear standards, and community involvement are key to ensuring that discretion is used with integrity and in accordance with legal principles. In addition, the role of an independent court system in examining decisions taken and strengthening accountability mechanisms for authority holders is essential in preventing abuse of power.

Application of Good Governance Principles in Land Registration Service in Parigi Moutong

The purpose of this article is to determine and analyze the application of good governance principles in land registration services in Parigi Moutong Regency. The findings showed that the law that covers the land certificate policy states that land can be owned by people either alone or jointly with other people and legal entities. By using empirical juridical research methods and using the theory of the rule of law and general principles of good governance as well as identifying with legal and conceptual approaches. It is concluded that the implementation of good governance in the performance of land registration public services in Parigi Moutong based on regulations can be measured through the elements of productivity, responsiveness and accountability. The element of responsiveness to the implementation of BPN Parigi Moutong's performance still has a less than optimal attitude towards parties applying for land permits.

Kyri: Maintaining the Dignity of Judges Under the General Principles of Good Governance (AUPB)

The General Principles of Good Governance (AUPB) are principles that must be upheld in the formation and performance of state institutions in Indonesia that are regulated by law. The Judicial Commission of the Republic of Indonesia (KYRI), a new institution established after reform as a checks-and-balances institution in judicial practice, is still considered weak and needs improvement. This research aims to identify whether KY has fulfilled and implemented the AUPB. The results found that KY has fulfilled the eight AUPB principles regarding provisions and principles.

Paradigm for the Application of the Dominus Litis Principle in the Indonesian State Administrative Court

In the case of efforts to establish a just rule of law state, judges need to actively find the material truth desired by the state administrative court and the Judicial Powers Act, including its practice in dispute resolution. Their activeness really helps people to get justice, namely following the duties of a judge. Among them are examining, deciding and resolving disputes, especially in examining State Administrative Decisions issued by State Institutions or Officials, which are contrary to applicable laws and regulations and general principles of good governance.

IMPLEMENTASI KEBIJAKAN PUBLIK KANTOR PERTANAHAN KABUPATEN PATI ATAS PENGECEKAN SERTIFIKAT TANAH BERBASIS ONLINE

Public services are activities carried out by state officials, including the National Land Agency. BPN has one of the policies in providing online certificate checking services by the PPAT/Applicant. However, in terms of implementation, there were obstacles, both technical and non-technical. The purpose of this study was to find out and analyze the implementation of public policy at the Pati District Land Office for checking online-based land rights certificates. This research is a normative-empirical research, with a descriptive-analytic nature by conducting library research and interviewing employees who work at the Pati District Land Office. The result of this study is that checking online certificates is guaranteed to be valid according to Ministerial Regulation ATR BPN No. 5 of 2017, either through the BPN website or the "Sentuh Tanahku" application, both carried out by the PPAT/Petitioner. This service is carried out to realize good governance and the general principles of good governance. Technical obstacles, namely websites that have errors or down causing the checking process to be hampered, as well as non-technical obstacles from external PPAT/Applicant parties who make mistakes when uploading documents. Pati District Land Office has made efforts to overcome this by conducting outreach and education on online certificate checking to external parties as well as optimizing the performance of Pati District Land Office employees so that this public service policy runs optimally. Keywords: Implementation of Public Policy; Land Office; Certificate Checking.

Peran Asas Umum Pemerintahan yang Baik terhadap Pencabutan Izin Usaha Asuransi

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.
 

PENYELENGGARAAN PERIZINAN BERUSAHA MENURUT PERATURAN DAERAH KOTA BOGOR NOMOR 1 TAHUN 2023 (STUDI KASUS RESTORAN MIE GACOAN)

There are businesses in Bogor City that violate Article 10 of the Bogor Municipal Regulation No. 1, 2021 and do not have a business license. Its location is Mie Gacoan, located on Jalan Yasmin West Bogor. Originally, this Gacoan Mie restaurant had only NIB (Business Identification Number), i.e. corporate identity or registration mark. The government makes policy to govern the procedural arrangements established in accordance with the activities of Gacoan Noodles Restaurant. The question is whether the actions of the local government will be legally justified if the Mie Gacoan restaurant violates regulations in the Bogor city area but is allowed to continue as long as the regulations remain unclear. The research method used is normative research, the nature of the study is descriptive, the data used are primary and secondary data, library research is used to collect data, data analysis is qualitative, the inferential method uses deductive methods. Preferably, regional regulations should include general principles of good governance, licensing requirements and compliance with product standards such as the Job Creation Act and provisions of regional regulations. It should be consistent at Freies Ermessen.

THE QUALITY IMPROVEMENT OF PUBLIC SERVICE AT THE KAMBITIN VILLAGE OFFICE BASED ON GENERAL PRINCIPLES OF GOOD GOVERNANCE IN ADMINISTRATIVE LAW

ABSTRACT In an effort to improve the quality of public services at the Kambitin Village office based on one the principles contained in the general principles of good governance (AAUPB) in state administration law, the village government, in this case the village apparatus, must also be able to realize the performance of public services in accordance with what is expected by the community. The purpose of this research is to identify and analyze the efforts of the village government in improving the quality of public services, along with identifying whether the Village Officials at the Kambitin Village Office have understood the importance of the general principles of good governance (AAUPB) in providing public services to village communities. Types and approaches using qualitative research are carried out by collecting words or sentences from individuals, books, and other sources. therefore, this qualitative research uses interview technique namely 5 (five) informants as a method of data collection. Data analysis techniques use interactive models (Miles & Huberman). The results of the study show that the performance of the village government in the delivery of public services has been carried out properly and is in accordance with the applicable laws and regulations. However, regarding the implementation of a community satisfaction survey for services at the Kambitin Village office, a community satisfaction survey has never been carried out either by village officials or from related survey agencies or institutions. The implications of this study indicate that efforts to improve the quality of public services have a very important role in order to achieve the goal of better service quality.

Extension Time Presidential Office Through Delay General Elections in A Constitutional Democracy Perspective

A democratic system in the state, which uses the rule of law system (rechtstaat), is a constitutional democracy. Constitutional democracy is a system which respects and implements the mandate of the Constitution and applicable laws. Constitutional law aims to create discipline, peace and welfare in a country based on applicable law. Constitutional democracy is a system applied in many countries worldwide, without exception in Indonesia. In Indonesia, an applied system is a presidential one. Thus, the leader of the government is the president and vice president. The regulation on the terms of office for the president and vice president was written in Article 7 of the 1945 Constitution of the Republic of Indonesia. Meanwhile, the general election mechanism is written in regulated law number 7/2017. Regarding the terms of office for the president and vice president, minister of Coordinator for Maritime Affairs and Investment Luhut Binsar Pandjaitan made a public opinion that postponing the 2024 elections would have consequences in prolonging the terms of office for the president and vice president. Thus, this statement makes a public outreach because the opinion is based on big data of public opinion from social media and is not strengthened by the legally applied basis in Indonesia. This statement has violated the code of ethics of a minister based on the general principles of good governance (AAUPB) in Article 10 of Law Number 30/2014 concerning Government Administration. In addition, this statement caused public uproar and had implications for upholding the 1945 Constitution of the Republic of Indonesia and violating the values ​​​​of constitutional democracy in Indonesia.

Juridical Consequences of Expansion of the Object of the State Administrative Court Towards the Application of the General Principles of Good Governance in Indonesia

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.

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation

PRINCIPLE OF BENEFIT AND PUBLIC INTEREST: REFUSAL OF PROCUREMENT OF ELECTRIC SERVICE CARS BY THE MAYOR OF SOLO

<p><em>The General Principles of Good Governance are one of the main references applied by many countries in the world, especially developing countries as an effort to improve their governance systems. The General Principles of Good Governance are needed to limit the government's authority so as to avoid excesses of authority as well as a basic reference for achieving an appropriate policy. The purpose of conducting this research is to find out the application of the principle of public interest and the principle of benefit for the realization of "good governance" in the government of Gibran Rakabuming Raka, especially in his policy of refusing to procure electric cars as official vehicles contained in Presidential Instruction Number 7 of 2022. This research was conducted by using normative juridical research methods with data taken from previous research literature, legal literature, legal scientific journals, laws and regulations, online news, and others, which then resulted in a conclusion that the policy taken by Gibran Rakabuming Raka in rejecting procurement electric cars for official cars refer to the Principles of Public Interest and the Principle of Benefit</em></p>

Legal Construction of Dispute Resolution Mining Land Overlapping with Plantation Land

Indonesian Agrarian Law recognizes the principle of horizontal separation which has consequences for classifying land rights. One of the granting and acquisition of land rights can be given to mining and plantation businesses. Even so, the granting of land rights to these two types of businesses still generates a lot of disputes . The dispute that occurred was overlapping in the granting of business licenses to mining businesses and/or plantation businesses, based on State Administration decisions issued by State Administration Officials that were not in accordance with statutory regulations and did not heed the General Principles of Good Governance in particular the principle of precision. The purpose of this scientific work is to provide a legal construction for resolving disputes over overlapping mining land and plantation land. The author uses a way of reviewing the applicable laws and regulations, existing theories and principles critically and systematically. The legal constructions offered are civil lawsuit to request compensation through the District Court to the State Administrative Officer who made the State Administrative Decision after the issuance of the State Administrative Court Decision which has a ruling granting the claim to cancel the State Administrative Decision which caused losses and has permanent legal force.

Juridical Review of the Authority of the House of Representatives in Proposing the Dismissal of Constitutional Judges is Associated with the Principle of Legal Certainty and Does Not Abuse Authority in the General Principles of Good Government

This article discusses the authority of the House of Representatives in proposing the dismissal of Constitutional Court judges. This analysis is associated with Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court. This legal research is based on qualitative methodology using literature studies sourced from laws and regulations, books, and scientific journal articles. This article concludes that the House of Representatives is only authorized to propose 3 (Three) constitutional judges in accordance with applicable regulations and is not authorized to propose the dismissal of Constitutional Court judges because there are no legal rules that can be based on the House of Representatives to propose the dismissal of Constitutional Court judges. The reason for the House of Representatives in proposing the dismissal is only based on certain political reasons, namely Aswanto as a constitutional judge often annuls the legal products of the House of Representatives, which is certainly the task of a constitutional judge to examine the law against the Constitution, associated with the General Principles of Good Governance, the steps of the House of Representatives are not in accordance with the principle of legal certainty and the principle of not abusing authority. In this case, the House of Representatives should not override its own products. This article discusses the authority of the House of Representatives in proposing the dismissal of Constitutional Court judges. This analysis is associated with Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court. This legal research is based on qualitative methodology using literature studies sourced from laws and regulations, books, scientific journal articles