Administrative Law Perspective Research Articles

General secondary education in Bulgaria: administrative law aspects

In the article, the author analyses the system of general secondary education in the Republic of Bulgaria from the perspective of administrative law and also examines the regulatory framework for education in this country with a view to identifying the specific features of school education which determine its efficiency and quality.
 The fundamental rights of Bulgarian citizens to education are enshrined in the Constitution of the Republic of Bulgaria. Education in Bulgaria is a national priority, and therefore educational policy is formed and implemented on the following principles: a unified state educational policy to ensure the right to preschool and school education; focus on the interest and motivation of the child and pupil, on age and social changes in life, as well as on the ability to apply the acquired competences in practice.
 Having analysed the fundamental law of the Republic of Bulgaria “On Preschool and School Education”, the author notes that it is supplemented by a significant number of legal acts issued in the form of resolutions of the Council of Ministers, orders of the Ministry of Education and Science of the Republic of Bulgaria and a number of other ministries on specialised education programmes.
 The author pays particular attention to the distribution of administrative powers in the field of education between the Council of Ministers, the Ministry of Education and Science of the Republic of Bulgaria, regional education departments, local self-government bodies and educational institutions.
 In the author’s opinion, the activities of bodies for consideration and addressing of a wide range of issues at the school level are worthy of further study: these are pedagogical councils, public councils established at each school, and boards of trustees established to attract additional financial and material resources to support school activities and control their intended use.
 Based on the study, the author concludes that public administration of the general secondary education in Bulgaria is characterised by deep democratization and decentralization, as well as expansion of the autonomy given to schools. While the main subject of public administration in the field of general secondary education in Bulgaria is the Ministry of Science and Education, a significant role is also played by regional education departments and local governments, where the former provide methodological support to educational institutions, and the latter supervise and control directly the educational institutions.

General secondary education in Spain: administrative law aspects

The article analyses the system of general secondary education in Spain from the perspective of administrative law. The author aims to study the main goals and objectives of general secondary education in Spain, its principles, structure, educational relations and the State’s obligations in the field of education. The research is based on the analysis of the fundamental legal act in the field of education in Spain, the Organic Law of Education.
 The author notes that in the system of compulsory secondary education in Spain, particular attention is paid to the educational and professional orientation of students, taking into account the gender-sensitive approach and special educational needs of students with disabilities. In addition, school education is aimed at teaching students the basic elements of culture, instilling tolerance, healthy lifestyle skills, and respect for the environment.
 For the purpose of comparative analysis of the practical achievements of the Spanish secondary education system, the author draws attention to the results of the OESD’s Programme for International Student Assessment PISA, other data from the OECD, UNDP and independent rankings.
 It is noted that public administration in the field of general secondary education is in close communication and interaction of public authorities, is characterised by decentralisation of powers, transparency, accountability, autonomy of educational institutions and flexibility in the organisation of the educational process. The author looks into the distribution of powers in the field of education between the bodies of the General State Administration, such as the Government of Spain and the Ministry of Education, Vocational Training and Sports of Spain, and the administrations of the Autonomous Communities. Education authorities at different levels coordinate their actions, each within its own competence, in order to use resources efficiently and achieve the goals set by law.
 On the basis of the research, the author concludes that public administration in the field of education in Spain is aimed at meeting to the fullest extent the needs of the population in providing general secondary education, and the Spanish education system itself is focused on the formation of educated, tolerant and culturally enriched individuals. The state is most interested in taking into account the needs of students to unveil their potential to the full extent.

Analyzing and Investigating the Legal Aspects of Green Policy

The legal dimensions of green policy are crucial in propelling tangible transformation towards sustainable development. Gaining insights from other viewpoints, including those from the public, commercial, administrative, and international sectors, can facilitate the development and execution of policies that are both effective and comprehensive. Green policy is incorporated into the environmental legal system from a public law standpoint, with the aim of ensuring justice and safeguarding the environment against harm. Private law serves as a strong defense for the human rights of residents to reside in a clean and safe environment, achieved through the use of legal agreements and legal actions. From an administrative law perspective, green policy is regarded as a mechanism that governs and oversees government actions, ensuring their alignment with ecologically sustainable ideals. Indonesia must fulfill its commitments in global agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, which also possess legal standing at the international level.

Criminal Liability for Acts Leading to the Spread of Infectious Diseases in the Regulations of the Penal Codes of Selected European Countries

Counteracting the spread of infectious diseases poses a challenge for the efficient running of a state. The most common aspect of this issue concerns the establishment of appropriate legal regulations aimed at protecting human life and health against the spread of biological pathogens causing infectious diseases. In recent years, this issue has taken on a particular importance with the SARS-CoV-2 pandemic. National legislators have taken a number of legislative initiatives as a response to the emerging threat. However, in some cases, the existing regulations were considered sufficient. Legal scholars consider these issues primarily from the perspective of general administrative law. These include administrative law sanctions for non-compliance with prohibitions established within this field of law. However, the problem addressed in the title may also be considered from the perspective of criminal law, in particular in relation to the protection of human life and health. The central point of consideration is the protection of these values (individually and collectively) against the transmission of infectious diseases due to human negligence.

질서행정과 규제개혁

From an administrative law perspective, policing does not only refer to the police in the formal sense, but to administrative actions that are practiced for maintaining order in various areas. However, as order administration is carried out in many administrative areas, regulations will expand accordingly for the purpose of risk prevention. As a result, there will be an increase in the infringement of fundamental rights of individuals. Even if regulations have traditionally been aimed at preventing risks, the purpose of regulations today is not simply about control. It also serves to guide the direction for development of society and functions as a driving force. In order to prevent risks, it is necessary to find ways to promote social and public utility by allowing t is study suggests the following directions for regulatory reform in order administration.
 First, checking the viability of regulations based on the unnecessity of regulations should be prioritized rather than strengthening regulations to expand the purpose of regulation. Second, unclear and unpredictable regulations should be clarified with regulatory reform. Third, regulations should comply with the principle of proportionality. In regulatory reform, the principle of proportionality should be applied to determine whether a regulation should be deregulated or strengthened. Fourth, the criteria, procedures, and methods to be considered in the regulatory reform process should be fully discussed in advance. The relevant procedures and methods should be designed to prevent arbitrary and subjective judgment on individual regulations in exceptional circumstances. Fifth, judicial control should be strengthened when active administrative actions for risk prevention and control are expanded. Sixth, the social costs of regulation should be fully examined.

Climate Change - An Administrative Law Perspective

Climate Change - An Administrative Law Perspective

Optimizing The Role Of The State Administrative Court In Assessing Elements Of Abuse of Authority Based on Law No. 30 of 2014 jo. Supreme Courts No. 4 of 2015

The concept of Abuse of Authority as contained in Law 31/1999 as amended and added to Law 20/2001 concerning the Eradication of Corruption Crimes creates a dualism of understanding. The definition of abuse of authority in criminal law and the definition of abuse of authority in administrative law clearly experience differences in terms of concept and law enforcement. This research describes the concept of abuse of authority from the perspective of administrative law, this research is a normative legal research using statutory and conceptual approaches so that the understanding of abuse of authority and its legal consequences in administrative law, and its relation to the enforcement of corruption crimes can be understood.

Mowa nienawiści a dobra osobiste – wybrane aspekty ochrony cywilnoprawnej

The subject of this article is the analysis of hate speech in civil law terms through the prism of the institution of personal rights. The author points out that the issue of hate speech is an interdisciplinary phenomenon, but one that is strongly related to legal sciences, in particular criminal law. It would be of great value to science to consider the topic more broadly from the perspective of administrative and civil law. The author links the issue of hate speech with personal rights and points out that, on civil law grounds, hate speech is an attack on specific personal rights. Then he discusses the essence of the regulation of personal rights. Next, he goes on to analyse the position of the entitled and responsible parties and extensively analyses claims arising from the violation of personal rights in the context of hate speech. The author also proposes solutions that could increase the level of civil law protection (i.e., the institution of a blind civil lawsuit) and points to the important role of legal education. According to the author, the Polish legal system provides civil law institutions that are effective protection against hate speech. Nevertheless, the phenomenon in question must be constantly analysed in the context of contemporary social and civilisation challenges so that the legal system in Poland responds to these challenges.

The Sentencing Effectivity on the Criminal Offense of Corruption Through the Perspective of Indonesian State Administrative Law: A Review

Corruption is an act of abusing the legally given power by an entitled public officer or a legal entity, at the length of acting outside of their official capacities that are within the legal duty, with the intention of taking advantage of the policy’s loopholes that are mainly regulating the act of conduct. Presently, corruption can be described as an act that is done by the person per se, not per the Actions solely, in which every action that ‘Actions’ outside of its formal domain of conduct, should be considered as corruption. Many scholars condemn the act of corruption as a discourse of discrepancy throughout the form of an interpersonal, social, moral, and legal order from its own.

Legal Policy of State Financial Losses Arrangement In A State-Owned Enterprise

This research aimed to examine the elements of state loss in regulations concerning the legal policy of state financial arrangements in a bankrupt state-owned enterprise and to analyze the effort of asset recovery related to state loss due to corruption based on the prevailing law in Indonesia and China. This is normative legal research with a comparative approach, with China being taken as a comparison. The study indicated that the elements of state loss are short of money, securities, and goods; it was caused by unlawful actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant, in the Indonesian legal system, asset recovery efforts can be examined from the perspective of criminal law and administrative law. The substance of state finances reveals the same element, namely that the financial loss of SOEs is a loss to state finances. In the execution of court decisions on SOE-owned assets in bankruptcy cases, the regulation does not provide fair legal recognition, protection, certainty, and equal treatment before the law in the management and accountability of state finances.

Construction of The Distribution of Government Authorities

Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.

The Importance of Structuring Relationships Between Local Governments and Business Entities in The Perspective of State Administrative Law in Batam City, Riau Islands

This article explains the importance of structuring the relationship between local government and local business entities from the perspective of state administrative law in Batam City, Riau Archipelago. This study used a qualitative research method, in which several relevant sources obtained were analyzed using descriptive analysis to be able to explain and answer the research questions as a whole. The findings of this study indicate that the dynamics of the dualism of authority that occurs between the Batam City Government and the Batam Concession Agency have violated several principles of good governance, namely those relating to the principle of legal certainty, the principle of not mixing authority, and the principle of implementing the public interest. In the process, to overcome the dualism of authority that occurs, it is necessary to integrate the Free Trade Areas (FTA) of Batam, Bintan, and Karimun with the Free Port Concession Agency (FPCA) by placing the authority of the FPCA under the control of the Governor of the Riau Archipelago Province. Therefore, to adopt a better possibility of the findings of this study, it is very important to immediately amend Government Regulation Number 46 of 2007 concerning the Free Trade Zone and Free Harbor of Batam as amended several times, most recently by Government Regulation Number 62 of 2019 concerning the Second Amendment on Government Regulation Number 46 of 2007 concerning Free Trade Zones and Free Ports.

MINING BUSINEES LICENSING IN INDONESIA: PERSPECTIVE ADMINISTRATIVE LAW AFTER THE REVISION OF THE MINERAL AND COAL LAW

The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 on Mineral and Coal Mining (Minerba Law), the central and regional governments exercise the licensing authority proportionally. Then, in 2020, the head of mining licenses was changed again through Law No. 3 of 2020. Based on this law, the licensing authority is fully vested in the central government. This shift in licensing authority is interesting to study. The study departs from the questions: (a) how are the boundaries of legal and illegal mining businesses in Indonesia; (b) how are the procedures and requirements for obtaining an IUP from an administrative law perspective; (c) how are the sanction arrangements for illegal mining business actors after the revision of the Minerba Law. This study departs from the use of normative legal research methods with a statutory approach and conceptual approach. Finally, the study results reveal that the basic principle underlying the management of natural resources, especially mineral resources, is the licensing instrument. Licensing, which is included in the administrative law regime, requires the state to intervene actively in matters concerning public welfare. Through licensing, the government can control or at least reduce the rate of pollution and environmental damage due to mining activities. In ensuring that efforts to regulate mining activities by the government-run as they should, sanctions are set to provide law enforcement, which is the form of administrative and criminal sanctions.

Protection and Certainty of Social Welfare Law in the Concept of a Welfare State: Perspective of State Administrative Law

<span>The intervention of the state administration in providing legal protection and certainty for social welfare insurance is very important. However, there are still problems occurring in society, including acts of discrimination against accessing social needs, causing social inequality. The goal of this research is to determine how the government's responsibility in implementing social welfare is to provide legal protection and certainty to the community in the concept of a welfare state from the standpoint of state administrative law and how Arrangements for Social Welfare Policy Based on Government Regulation of the Republic of Indonesia Number 39 of 2012 Concerning Implementation of Social Welfare This research method is normative-juridical. The results of this study show that the responsibility and authority of the government in implementing social welfare and carrying out the duties of executive power must be based on the will of the state, which is based on statutory regulations established by the legislature. The policies regulated in the Government Regulation of the Republic of Indonesia Number 39 of 2012 concerning the Implementation of Social Welfare are rehabilitation policies, social security policies, social empowerment policies, social protection policies, infrastructure standard policies, community participation policies, registration procedures policies, and policies for institutions that organize social welfare</span>

Transfer of Agricultural Land Function in relation to Spatial Law on

The purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. Agricultural land products have received protection in accordance with the ratification of Law no. 41 of 2009 and this is also reinforced by Presidential Regulation No. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration.

Factual Actions on DKPP Ethical Decision Results as Objects of Examination by The State Administrative Court

The Election Organizer Ethics (DKPP)’s Decision in adjudicating Election administrator ethical disputes is final and binding. This raises a problem, that is, if the DKPP decides an ethical dispute deviates from legal provisions, then there is no way to test it. Thus, the author intends to analyze comprehensively regarding, First, the final and binding nature of the results of the election administrator ethics trial from the perspective of state administrative law. Second, determine the exact form of DKPP authority as the object of testing the authority of the State Administrative Court. This paper uses normative legal research methods and regulatory approaches. There are two conclusions. First, the DKPP decision, which has an ethical dimension, is only binding on the enforcement of the code of ethics, while the implementation of DKPP authority is non-binding and becomes the object of the Administrative Court. Second, in testing DKPP authority at the State Administrative Court, the touchstone used is the conformity of the ethics trial procedure by DKPP, without including the DKPP Ethics Decision as the object of the lawsuit. This is in accordance with the current government administration legal regime which includes Factual Actions including the exercise of DKPP authority. 

Gugatan di Pengadilan TUN Terkait Keabsahan SK Caretaker Ketua RT oleh Lurah (Studi Perkara No.xxx/G/2022/PTUN.Jkt)

The study began with the RT selection process, which was suspected of cheating, namely the circulation of 'domicile blanks that were suspected to have been signed' by the person who served as the Head of the Village Government Section who was also the Chairperson of the RT Election Committee to vote in the election of the local RT leader. Then the RT selection process took place smoothly and the RT head was elected. The purpose of this research is to determine the position of the caretaker in the perspective of administrative law, and the legality of the Caretaker SK issued by the Lurah according to Administrative Law. This study uses the normative juridical method, using primary legal material, in the form of a decision of the Jakarta State Administrative Court (TUN), No.160/G/2022/PTUN.JKT dated July 14, 2022. The results of the study obtained, Decree or Caretaker Decree or SK Caretaker who Published by the local village head according to law. The candidate who had lost, has carried out objection procedures, by reporting to the "superiors" of the committee chairman, namely the Lurah. Because the objection was not responded to, then the losing candidate filed a lawsuit to the TUN court. The verdict, the judge rejected the entire lawsuit, with the consideration that the Caretaker Decree issued was the authority of the Lurah, even if there were suggestions from the Provincial Government Bureau for re-election. The plaintiff, then submitted an appeal of the TUN High Court, on the grounds that the Lurah had issued a Caretaker SK by backdate. The appeal trial is still ongoing until this research is carried out.  

DOCTOR'S LEGAL RESPONSIBILITY FOR UNLAWFUL ACTIONS AGAINST MEDICAL ACTION ERRORS

This study analyzed the responsibility of a doctor who commits an unlawful act when giving a medical error to his patient. This study examined how a doctor's action qualifies as an unlawful act in a medical action error and the doctor's legal responsibility in a medical action error from a civil, criminal, and administrative perspective. Metode This research is a doctrinal legal research, with a statute approach and an analytical approach. The results of the study showed that an unlawful act occurs when a doctor performs a medical action contrary to law, or contrary to medical science, and the medical action does not get the patient's consent. Medical action errors are seen from the perspective of civil law from two theories, namely breach of contract (default) and negligence, as well as from the perspective of criminal law in committing a medical action error. Generally, errors can be defined by the intent (dolus/opzet) and negligence/omissions (culpa) that are also considered elements of not meeting medical professional standards, service standards, and standard operating procedures. Then the perspective of administrative law; Judging from administrative violations committed by doctors, this legal violation can be seen from administrative violations regarding the authority to practice medicine and administrative violations regarding medical services. Based on Law 36 of 2009 concerning health, namely in the form of granting rights to victims of malpractice to hold doctors responsible for medical malpractice, in order to compensate for loss caused by doctor's errors or negligence, civil compensation claims may be filed or combined criminal prosecutions pursued. Additionally, the Indonesian Medical Discipline Honorary Council (MKDKI) may issue decisions imposing disciplinary sanctions on doctors who are proven guilty, allowing the council to make compensation claims in criminal proceedings before the court.

HOLDING THE EXECUTIVE TO ACCOUNT? Public Protector v President of the RSA 2021 (9) BCLR 929 (CC)

This case is part of a growing body of jurisprudence relating to the Public Protector (PP). In particular, it concerns the PP’s mandate, contained in section 182 of the Constitution of the Republic of South Africa, 1996 (the Constitution), to “investigate any conduct in state affairs, or in the public administration, that is alleged or suspected to be improper or to result in any impropriety or prejudice”. The PP is further empowered in terms of the Public Protector Act (23 of 1994) (PP Act) to investigate, inter alia, maladministration, the unjustifiable exercise of power and dishonest conduct.In terms of this statutory framework, the PP’s primary function is to hold the executive to account. The Constitutional Court judgment that is the focus of this case note is an example of the PP attempting to hold the President accountable, but failing to do so as a result of producing an error-strewn report that was rejected by a full bench of the High Court and by a majority of judges in the apex court. On the facts, it is possible that had another PP produced a different report – one that satisfied the judges’ concerns – the President might have been less successful in avoiding public accountability.Apart from the main issue of the (at time of publication) now-suspended PP’s inability to hold the President to account, the judgment is significant from an administrative law perspective. In particular, the judgment adds to the debate on whether the PP’s remedial action amounts to administrative action.Although the Supreme Court of Appeal (SCA) held in 2018 that the PP’s remedial action does not constitute administrative action, the question has yet to be definitively dealt with by the Constitutional Court, with judges generally being content to leave the question open. Confusingly, the court a quo held that it was common cause that the PP’s reports do not amount to administrative action, but the judgment nevertheless made numerous references to the right to just administrative action. While Jafta J chose to leave the question open in Public Protector v President of the RSA (2021 (9) BCLR 929 (CC)), he engaged with the SCA’s judgment in Minister of Home Affairs v Public Protector (2018 (3) SA 380 (SCA) (Home Affairs)) and set out some guidelines on how the issue could be dealt with in the future.

Research on anti-monopoly and unfair competition from the perspective of administrative law

Research on anti-monopoly and unfair competition from the perspective of administrative law