General Principles Of Good Governance Research Articles

LEGAL IMPLICATIONS OF NON-COMPLIANCE WITH THE DECISION OF THE STATE ADMINISTRATIVE COURT IN TERMS OF THE IMPLEMENTATION OF REGIONAL AUTONOMY AND THE UNITARY STATE

Implementation of rule of law in Indonesia takes the consequences to establishing the state administrative court. The state administrative court as a legal institution is a manifestation check and balance principle. So that the government does not commit arbitrary action or does not abuse of their power. Administrative court is a place to assess if there are acts of state administrative bodies / officers are not based on the laws and regulations of general principles of good governance or even harm the community. As a respected judicial institution (state administrative court), the decision of the state administrative court must be respected and implemented by each party. In practice, however, there are a number of non-compliance committed by state administrative bodies / officials. They are opposed to carrying out the decision of the state administrative court despite having a legally binding verdict. Therefore, this writing tries to comprehensively discuss the causes of non-compliance by state agencies or administrators. Furthermore, this study also discusses the legal implications that occur if the state administrative agency / official still ignores the court's decision according to the prevailing laws and regulations. The next study discusses the relationship between central government and local government in the framework of regional autonomy is associated with non-compliance that occurred. For as it is known that the President as head of government holds full power to run the government and ensure all policies implemented by the local government even more so in the concept of a unitary state.

A Discourse of General Principles of Good Governance in Public Services in Indonesia

Public service is one of the commitments in government administration. Good, measurable, and humane public services have a significant impact on the impetus for accelerated development. However, negative issues in public services, especially in Indonesia, are still often encountered, ranging from issues of bribery, corruption, abuse of authority, to discrimination in the implementation of public services. This study aims to analyze the general principles of good governance (AAUPB) in the delivery of public services in Indonesia. Using the study approach of law, constitution, and Pancasila, this study confirms and finds that the implementation of AAUPB in public services includes several things ranging from transparency, community participation, efficiency, and aspects of convenience.

Legal Aspects Of Public Policy Impact Mitigation Of The Covid-19 Pandemic In Rural Areas

Public policies related to mitigating the spread of Covid-19 in rural areas in principle contain legal aspects related to obligations, responsibilities and legal consequences on society. The polemic over government policies through Covid-19 mitigation has not been optimal, because Covid-19 victims in Indonesia are still high. The legal position of PP RI Number 21 of 2020, Presidential Decree Number 11 of 2020, Decree of the Minister of Home Affairs No. 131 of 2003 and the Declaration of the Chief of Police Number: Mak / 2 / III / 2020 as a product of public policy must be in accordance with the general principles of good governance (AUPB). The preparation of this article is based on the main reference sources from various literatures and researchers, journals relevant to the implementation of public policy, which are complemented by the authors' thoughts on the topics presented. The results of the discussion show that the implementation of public policies to mitigate the impact of the Covid-19 pandemic in rural areas still has problems with a lack of understanding of the obligations, responsibilities and legal consequences of public policies, so that some people ignore them. Public policy can become a reflection of the responsibility of the government and society in implementing a good government system and is one of the guidelines for solving social problems in rural areas.

Penentuan Kerugian Keuangan Negara Akibat Penyalahgunaan Kewenangan Pejabat Pemerintah

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

The Implementation of Principle of Accuracy as a Test Stone for State Administrative Decisions

Based on Article 53 of Law 9/2004, it is regulated that the basis for a lawsuit against the KTUN is the prevailing laws and regulations and the AUPB. In its development, Law 30/2014 was born which in Article 10 regulates the classification of the AUPB. One of the principles that have just been classified as AUPB in this provision is the principle of accuracy. In fact, this principle of accuracy has often been used as a touchstone by judges against a State Administrative Court. Based on this, the formulation of the problem in this article is First, the general principles of good governance as a touchstone for KTUN and Second, the application of the principle of accuracy as a test stone for KTUN. This research is legal research using statutory approach, conceptual approach, and the case approach. Based on the results of the research in this article, it was found that first, the classification of AUPB as a touchstone against KTUN, namely in the explanation of Article 53 paragraph (2) point b of Law 9/2004, AUPB which is specifically regulated in Law 30/2014, and, AUPB outside of Law 30/2014. As for the application of the Accuracy Principle as a Test Stone for KTUN, before Law 30/2014 came into effect, it had often been used as a test stone for KTUN, for example in the Kupang District Administrative Court Decision Number 5/G/2012/PTUN-KPG, Supreme Court Decision No. 150 K/TUN/1992, Supreme Court Decision No. 213 K/TUN/2007, Supreme Court Decision No. 101 K/TUN/2014, and Decision No. 02/G/2013 /PTUN JKT.

Dismissal of Village Officials According to Sumbawa Regency Regional Regulation Number 3 of 2015

The village head has an urgent function in development, empowering village communities. As a village head, as a public office, the decisions taken must comply with legality, the principle of protection of human rights, and the general principles of good governance. The fact is, the village government's problems do not always run smoothly because they get rejection and resistance from the community. The refusal and resistance, even to the point of legal issues or resolved through reporting. One of the cases occurred in the Berora Village administration, Lapok District, Sumbawa Regency, in the form of a decision by the Village Head to dismiss four Regional Heads. The above case basically will not happen if the principles of legal certainty and orderly administration of government according to the Sumbawa Regency Regulation Number 3 of 2015 can be carried out correctly. Researchers made in-depth observations of the subjects involved, starting from the Village Head, Hamlet Head, BPD Desa Berora, Camat Lapok, and possibly an in-depth investigation of the regional regulations themselves through the Sumbawa Regency law bureau. The results showed that the Dispute on the dismissal of the Village Apparatus by the Village Head of Berora resolves through two media, namely Administrative Efforts and the Mataram State Administrative Court. The decision has given through administrative efforts (Camat, strengthened by the Head of the Village Community Empowerment Service and the Regional People's Representative Council through Commission one decided that the dismissal of the Berora Village Apparatus must be annual.

Actualization of General Principles of Good Governance in the Government Administration System

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.

Kedudukan Peradilan Administrasi Negara Sebagai Upaya Dalam Mendorong Terbentuknya Pemerintahan Yang Baik

Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.

Implementation of Legality Principles in Government Administration to Make Good Governance

The principle of legality is the main principle in the rule of law. In government administration, the legality principle means that every government decision/action must have a legal basis in statutory regulation. This legality principle also requires that every government action is in accordance with the prevailing laws. The application of the legality principle played an important role in the context of realizing good governance. Without applying the legality principle, the effort to realize good governance was not impossible to be far from the goal of good governance itself. As an important instrument, this principle becomes the basis for government administration as well as the basis for realizing good governance. Based on the conception that the meaning of a principle is an urgent matter so that the objectives of the principle can be realized, this research article reviews the application of the legality principle in government administration to realize good governance. In the practice of government administration, this legality principle has both positive and negative consequences and is not rigidly applied. The general principles of good governance support the application of the principle of legality in government administration to achieve good governance.

Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik

This paper aims to understand the General Principles of Good Governance in the principles used as a reference in the use of authority for Government Officials in issuing decisions and / or actions in government administration. The research method is the juridical empirical method because it examines the implementation of AUPB as one of the bases for testing the validity of government actions, namely the settlement of disputes / conflicts over property rights. Based on the results of the discussion, it is found that government officials or government organizations are obliged to apply this to create justice and welfare in society. Of course this should also be implemented in dispute resolution, particularly land dispute resolution. This research focuses on the application of AUPB in the settlement of land disputes at the Malang City Land Office, because there are still many polemics in its resolution. Fаktor law sebаgаi penghаmbаt dаri terms of legal structure аdаlаh terhаdаp object yаng telаh published suаtu hаk аtаs tаnаh dаn the object sedаng menjаdi object perkаrа in pengаdilаn dаn BPN menjаdi pihаk dаlаm perkаrа, terkаit CTF SKP yаng telаh dilаkukаn pengentriаn dаtа mаkа beberаpа pelаyаnаn pendаftаrаn tаnаh аkаn locked / blocked by the system. Non-legal factors as an obstacle to dispute settlement are the parties who are difficult to do to work together in the process of dispute resolution but never lead to zinc resolution. How to cite item: Ernanda, D., Istislam, I., & Yuliati, Y. (2021). Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik. Jurnal Cakrawala Hukum , 12(1), 32-40. doi:https://doi.org/10.26905/idjch.v12i1.4226

MANAGEMENT OF CASE'S ARCHIVES IN THE COURT FOR ACCESS TO PUBLIC INFORMATION AT THE ADMINISTRATIVE COURT OF MAKASSAR

Since the birth of the reform era in Indonesia the administration of government refers to the principles of Good Governance and General Principles of Good Governance. In order to accommodate the realization of good governance, a Law on Public Information Disclosure was established which mandates that every Public Agency must develop a system of information and documentation to manage Public Information properly and efficiently so that it can be easily accessed. No exception with the Mahkamah Agung which is committed to providing the best service to the public by realizing openness of information in the Court. Administrative Court of Makassar as a judicial body is also inseparable from the obligation to realize information disclosure in the Court. The purpose of this paper is to find out the implementation of the information disclosure service regarding archives at the Administrative Court of Makassar. Data collection is done through field observations and interviews with several related parties.

THE ROLE OF LAW IN THE CONCEPT THEORY OF JUSTICE TO REBUILD NATION’S ECONOMY IMPACT OF COVID-19 OUTBREAK IN INDONESIA

The role of law in This study aims to obtain information about the role of law in
 efforts to develop the country's economy due to the Covid-19
 outbreak in Indonesia which is reviewed based on Theory of
 Justice. The research method used is statute approach, the
 method of data collection through literature studies and
 qualitative normative data analysis techniques. The results of the
 study indicate that Indonesian government has taken
 extraordinary policies and steps in the context of saving the
 national economy and financial system stability through various
 relaxation policies relating to the implementation of the State
 Budget (APBN), especially by increasing spending on health,
 spending on social safety net, economic recovery, and strengthen
 the authority of various institutions in the financial sector.
 However, an oversight of the implementation of the policy is
 needed so that it is in accordance with the principles based on
 the General Principles of Good Governance to create justice for
 equality before the law.. Keywords: Role of Law, State Economy, Impact of COVID-19 outbreaks

MODEL PELIMPAHAN KEWENANGAN BADAN PEMERIKSA KEUANGAN DALAM PELAKSANAAN TUGAS PEMERIKSAAN PENGELOLAAN DAN TANGGUNG KEUANGAN NEGARA

This study aims to analyze the problem of how the delegation of authority and the model of delegation of authority that can be developed for the BPK in the implementation of auditing tasks for the management and responsibility of state finances using Koontz and Weihrich's theory regarding the seven principles for transferring authority. The research method used is a qualitative research design with a descriptive approach. The results showed that the transfer mechanism was not fully in line with Law Number 30 of 2014 concerning Government Administration. The obstacle in the implementation of the delegation of authority policy is that the policy design is not in line with the applicable regulations, and it requires commitment from policy makers and policy implementers to adjust policies and policy implementation with the development of laws and regulations and general principles of good governance. The model of delegation of authority suggested by this study in the implementation of auditing tasks for the management and responsibility of state finances is a comprehensive audit task mandate, so that the BPK executor, and examiners and experts outside the BPK perform audit duties for and on behalf of the BPK based on statutory regulations and general principles of good governance.

ANALISIS YURIDIS PENERAPAN STANDAR PELAYANAN PUBLIK DALAM LAYANAN KEPENDUDUKAN OLEH PEMERINTAH KOTA BATAM (STUDI PENELITIAN DI DINAS KEPENDUDUKAN DAN PENCATATAN CIPIL KOTA BATAM)

Juridical Analysis of Application of Public Service Standards provided by the Government, especially the Batam City Government in providing Population and Civil Registration services which must be in accordance with Law Number 25 of 2009 concerning Public Services and general principles of good governance mandated in Law Number 28 of 1999 concerning state administrators who are free and clean from collusion, corruption and nepotism in every implementation of their public service activities. This study aims to determine the implementation of population services according to the principles of good governance that must be applied in every activity of government agencies as well as activities in terms of population and civil registration in order to serve the Indonesian people, especially in the Batam City area as well as the legal basics related to it. with this thesis.This writing uses the empirical normative research method, in empirical research is carried out to obtain primary data, namely by interviewing the Head of the Division or the Head of the Section at the Batam City Population and Civil Registry Service, while normative research is carried out through a study of statutory regulations and literature. scientific paper literature related to the title of this thesis, then the data is analyzed by qualitative methods.The results showed that the implementation of services in terms of population by the Batam City Government, namely the Batam City Population and Civil Registry Service, has been running according to procedures or not and also how obstacles and overcoming these obstacles during the service.

Discretion and Accountability of Local Government in Administering Governance

This study aims to investigate the limit of the discretion used in administering governance and the forms of responsibility when legal deviations occur. As a government adhering to the Welfare state, the principle of legality took a maximum role insufficiently in serving the interests of the citizens. The discretion appeared as an alternative to fill the gaps and weaknesses in the application of the principle of legality (wetmatigheid van bestuur). Results showed that the implementation of public service decentralization was motivated by the devolution of power from central to local government. This study applied a purposive sampling technique and was analyzed by descriptive qualitative which began with the process of collecting data, simplifying data, presenting data, and drawing conclusions. The results revealed that the use of discretionary power by Government Officials was only able to be applied in particular cases in which the prevailing laws and regulations did not regulate them, or the existing regulations governing them was not clear and it was in an emergency / urgent situation for the public interest. The guidelines for the use of discretion were the General Principles of Good Governance. Meanwhile, the responsibility for discretionary decisions was classified into two, (1) as a job responsibility, and (2) as personal responsibility. As the job responsibility, if acting for / and on behalf of the position (ambtshalve) which there was no element of maladministration. As personal responsibility, if the use of authority was found an element of maladministration.

PEMBATALAN PERATURAN KEBIJAKSANAAN YANG DIBUAT BERDASARKAN ASAS FREIES ERMESSEN

The existence of policy regulations cannot be separated from the free authority (vrije bevoegdheid) of the government which is known as freies ermessen. The granting of freies ermessen to the government or state administration is actually a logical consequence of the concept of the welfare state, but within the framework of a rule of law, freies ermessen cannot be used indefinitely. This paper aims to determine the limits of the use of policy regulations in government administration and the forms of accountability when there are legal deviations. With the normative juridical method, this research concludes that the policy regulations taken by the government in an urgent situation must be limited by the signs of the General Principles of Good Governance (AAUPB) and if the policy regulations are formed without heeding these principles, the policy regulation can be canceled. .

PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARAN

The State Administrative Court (PTUN) is a place to find the real truth about the actions of state administrative officials that are not under the General Principles of Good Governance (AAUPB), for people whose interests and rights are taken away by parties who are deemed to be acting arbitrarily against other parties. The decisions that have been produced during the proceedings at the PTUN will undoubtedly have an impact which is expected to make a positive contribution in formulating a system of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.

The Legitimacy of Circular Letter in Handling COVID-19 Pandemic

The purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles.

ANALISIS AZAS-AZAS UMUM PELAYANAN PUBLIK DI DINAS PERINDUSTRIAN DAN PERDAGANGAN KABUPATEN KERINCI

Analysis of General Principles of Public Service at the Industry and Trade Office of Kerinci Regency. Every community certainly really hopes for the existence of general principles of public services in providing services to the community, especially at the Kerinci Regency Industry and Trade Office. In order to provide satisfactory services to service users, service delivery must meet the general principles of good governance in order to create customer satisfaction, which is a measure of the success of a public service. The formulation of the research problem, namely, how are the general principles of public services at the Kerinci Regency Industry and Trade Service. The objective of the research is to find out the general principles of public services in the Kerinci Regency Industry and Trade Service. This research uses a qualitative approach where data is obtained through field interview guides to 7 informants referring to 6 research indicators, namely 1. Transparency 2. Accountability 3. Conditional 4. Participation 5. Non-Discriminatory. 6. Balance of Rights and Obligations. The data obtained in the field were analyzed based on the classification of the informants' answers which were described in the results and discussion of the research which was then carried out by the interpretative researcher. It is known that the General Principles of Public Service at the Industry and Trade Office of Kerinci Regency, from the six research indicators, five indicators are well implemented, namely accountability, conditionality, participation, non-discrimination and balance of rights and obligations, while transparency indicators have not been maximally implemented. For this reason, the authors suggest that the General Principles of Public Service in the Kerinci Regency Industry and Trade Service can be improved so that they are more transparent in providing services to the community.

ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK YANG BERKEMBANG MELALUI PUTUSAN HAKIM

General principles of good governance developed by judge decision. Those general principles must be obeyed by government officials. Some of new principles made by judges among other things : principles of ultra petita, principles of prohibition of issued a decree who has been cancelled by the court, and principles of government foult can not disadvantage people. The aim of the developing general principles of good governance is to solve the administrative law problems.