State Administration Officials Research Articles

Analysis of The Impact and Dynamics of Gratification In The Practice of State Administrative Law

The practice of gratification, which involves receiving rewards or gifts by state administrative officials, can undermine the foundations of good governance principles. The implications of gratification practices can damage the government's image, reduce public trust, and affect the effectiveness of public policy. This phenomenon creates challenges in various aspects, including public ethics, public trust, and the effectiveness of legal institutions. Apart from that, the dynamics of gratification can also penetrate the administrative decision-making process. Objective considerations in decision making can be disturbed by the influence of gratification, resulting in policies that are not in line with the public interest. This opens up gaps in inequality in public services and inefficient use of public resources. The high complexity of this problem requires an in-depth understanding of the dynamics of gratification in the practice of State Administrative Law. Especially solutions to overcome the problems of awareness and ethics of state administration administrators, internal and external supervision of perpetrators of gratification, environmental conditions of work organizations and active participation from various stakeholders to prevent and eradicate can involve various parties, especially law enforcement officials, the media and the public to proactively reveal , urge and report behavior that leads to gratification. This article explores the phenomenon of gratification in the context of state administrative law practice. Through in-depth analysis, we explain the dynamics behind gratification, its impact on the effectiveness of the state's administrative legal system, and efforts that can be made to overcome this problem. Our research concludes that a deep understanding of gratification is critical to enhancing the integrity and credibility of the country's administrative legal system.

DEVELOPMENT OF REGULATIONS ON FACTUAL ACTIONS POST-LAW ON GOVERNMENT ADMINISTRATION: 2024 ELECTION PROCESS DISPUTE STUDY IN CASU PRIMA POLITICAL PARTY

<p><em>Factual actions in state administrative law have experienced developments after the issue of government administration law. This factual action is active in nature and is always preceded by a written decision from state administrative officials (TUN). However, in practice, factual actions involving written decisions are still subject to district courts accepting claims for unlawful acts (PMH) such as official decisions of state administrative officials (TUN) which are naturally the public law. This can be seen in the Jakarta District Court Decision Number: 757/Pdt.G/2022/PN which has punished the General Election Commission of the Republic of Indonesia (KPU RI) to postpone the General Election (Pemilu) and pay compensation. The aim of the research is to analyze the problems of the authority of written factual actions and to reformulate fair laws in the PTUN judicial system as well as the amount of awarded compensation procedures. Meanwhile, this research uses normative legal methods with statutory, conceptual and case approaches. The data collection method is by means of secondary data. The results of this research show that in the development of factual actions in state administrative law there has been an expansion of meaning to include written decisions, so that if there is a dispute over the election process between participants and the organizers of the General Election (Pemilu) then dispute resolution becomes the realm of absolute competence of the State Administrative Court (PTUN) after taking legal adjudication efforts at the Election Supervisory Body (Bawaslu). For this reason, in the future, legal reformulation efforts are needed regarding the expansion of the meaning of written decisions to also include factual actions contained in Law Number 51 of 2009 concerning PTUN, and changes to Government Regulation Number 43 of 1991 in the nominal amount of compensation awarded in PTUN according to real conditions regarding factual actions that give rise to PMH by the government.</em></p>

ENVIRONMENTAL LAW ENFORCEMENT THROUGH STATE ADMINISTRATIVE LEGAL INSTRUMENTS IN ENVIRONMENTAL CASES IN INDONESIA

Enforcement of environmental law through administrative legal instruments is very important to deter polluters. This research is a type of normative legal research based on the problems and themes raised. The research approach used is a philosophical and analytical approach, focusing on rational, analytical, critical and philosophical views, and ends with drawing conclusions which aim to produce new findings on the main problems that have been determined. It will also use the analytical descriptive method, by describing the applicable laws and regulations with legal theory and law enforcement practices that are related to the problem. Apart from that, it can also be taken through the State Administrative Court regarding the granting of permits (beschikking) by state administrative officials. Its essence is to protect, overcome, and restore the quality of the environment from pollution or damage as well as providing a deterrent effect on those responsible for violating laws and regulations on environmental protection and provisions for managing environmental permits. Research is carried out to implement environmental protection and the government must also provide penalties to prevent environmental damage.

Pemenuhan Kewajiban Dan Tanggung Jawab Pemerintah Daerah Terhadap Hak Pendidikan Anak Di Kabupaten Bangka Selatan

One of the principles of a rule of law is the principle of legality, which means that every government legal action must be based on applicable laws and regulations or every government legal action must be based on the authority granted by laws and regulations. By relying on the principle of legality, the government carries out various legal actions. Because every legal action implies the use of authority, it implies an obligation to be responsible. In accordance with the principle "geen bevoegodheidzonder verantwoordelijkheid." The government's responsibility towards citizens or third parties is adhered to by almost all countries based on law. It is clear that every use of authority contains responsibility, however, it must also be stated about the methods of obtaining and exercising authority. Because not all state administration officials who carry out government authority automatically bear legal responsibility. Each country has its own laws and regulations. There is a juridical basis for education in Indonesia which has a set of laws and regulations which are the starting point for the education system in Indonesia. In the future, we will find that there are still many laws that have not achieved their goals, because the Indonesian nation is a pluralistic nation, therefore it is certainly not easy to achieve all goals quickly and briefly. To achieve our educational goals we need positive support from all aspects of society, education providers and the government. because the aim of providing good education and in accordance with educational foundations and implementing education based on law is to make education providers focused, orderly and in accordance with the roots of national culture. The formulation of the problem in this writing is how to analyze the implementation of the right to education as a constitutional right in Indonesia. The type of research that will be used in writing this law is normative and empirical research. This is basically a combination of a normative legal approach with the addition of various empirical elements.

Legal Vacuum in Indonesian Administrative Law: Urgency of Policy Regulation

This study delves into the critical need for explicit policy regulation within the Indonesian Government Administration Law (Law Number 30 of 2014), addressing a significant legal vacuum. Despite the law encompassing regulations related to discretion, it notably lacks specific terms or phrases for 'beleidsregel' (policy regulations), leading to legal uncertainties. Employing a normative legal research methodology, the research utilizes statutory and conceptual approaches to explore the interplay between the principle of discretion (freies ermessen) and policy regulations in the context of state administrative law. The findings reveal that while the principle of discretion and policy regulations are distinct entities, they are inextricably linked. The principle of discretion provides the foundational authority for state administrative officials to establish policies, whereas policy regulations represent the formal embodiment of these policies. The absence of beleidsregel in the current legislation leads to reliance on expert opinions (doctrine) and varying legal interpretations, fostering legal uncertainty (rechtsonzekerheid) and potential chaos (rechtsverwarring) in government administration. The study highlights the urgent need to regulate policy regulations within the Government Administration Law to ensure legal certainty and prevent administrative chaos, emphasizing the importance of formal legal frameworks in guiding and controlling the application of policy regulations by state officials. This research underscores the necessity of legislative reform to address the existing normative vacuum and stabilize the legal environment for effective governance in Indonesia.Highlights:
 
 The study emphasizes the lack of specific policy regulation terms in Indonesian Government Administration Law, leading to a legal vacuum.
 It highlights the crucial link between the discretion principle and policy regulations, underscoring their interdependence in state administrative law.
 The research identifies the urgent need for legislative reform to provide legal certainty and prevent administrative chaos due to the current absence of policy regulation guidance.
 
 Keywords: Policy Regulations, Legal Vacuum, Indonesian Administrative Law, Discretion Principle, Government Administration

Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.

Perbuatan Melawan Hukum Oleh Badan Pertanahan Nasional Terkait Sertifikat Pengganti Hak Milik Atas Tanah

Land registration is a government task carried out in order to ensure legal certainty in the land sector (a "Rechts Kadastre" or "Legal Cadastre"). The purpose of land registration is stated in Article 3 of Government Regulation Number 24 of 1997. To achieve this orderly administration, every plot of land and apartment unit including transfer, encumbrance and write-off must be registered in Government Regulation Number 24 of 1997. Article 1 paragraph (20) states: "Certificate is a certificate of proof of rights as intended in Article 19 paragraph (2) letter c UUPA for land rights, management rights, waqf land, ownership rights to apartment units and mortgage rights, each of which has been recorded in the relevant land book.
 The method used in this research is a normative approach and a Socio Legal approach which originates from collecting data obtained from primary data and secondary data, then analyzed using qualitative analysis methods.
 The results of this research answer that the form of unlawful action by the National Land Agency regarding land ownership certificates based on Decision Number 169/Pdt.G/2022/PN.Tjk is not carrying out community requests regarding Government Regulation Number 24 of 1997 concerning Land Registration Article 57 paragraph (1) which explains that at the request of the right holder a new certificate is issued as a replacement for a certificate that is damaged, lost, still uses a blank certificate that is no longer used or that was not handed over to the auction buyer in an execution auction. Meanwhile, the analysis of the judge's considerations regarding unlawful acts by the National Land Agency regarding certificates of ownership of land based on Decision Number 169/Pdt.G/2022/PN.Tjk is from a normative aspect because Certificate of Ownership Number 926/Kd, issued on May 9 1977, is located in Sukarame Village, Kedaton District, Bandar Lampung City with Measurement Letter Number 2931/1977 dated 7 February 1977 with an area of 8,400 (eight thousand four hundred) square meters in the name of Purwanto, which is a legal product of State Administrative Officials and is owned by the Plaintiff based on a gift from his parents.

Maqashid Syariah as a Basis for Establishing Decree in Indonesia

In the governance of a country, the government plays a vital role in establishing regulations and policies. These decisions are made by state administrative officials in accordance with the provisions of laws and regulations, with the ultimate goal of creating good governance. In Indonesia, being a country with a Muslim majority, Islamic values can also be integrated into the government’s operations. One such value is the principle of Maqasid Sharia, which serves as the basis and purpose in Islamic law. This principle encompasses three main objectives, which are Dharuriyah (necessities), Hajjiyah (needs), and Tahsiniyah (enhancements). To explore this further, normative judicial research methods are utilized, focusing on primary legal materials, and employing deductive methods for analysis. By doing so, the principle of maqasid sharia can be utilized as a model for state administrative officials, particularly those who adhere to Islamic beliefs, in their decision-making processes.
 Keywords: administrative decrees, Maqashid Sharia, State Administrative Law

The Government Legal Warranty for Consumers in The Purchase of Property in Indonesia

Introduction: The sale and purchase of houses between developers and buyers often result default, which detrimental to consumers. The state has issued various policies regarding buying and selling houses and legal guarantees for buying and selling houses, but violations still occur and there is no legal guarantee from the state but must be resolved through litigation.Purposes of the Research: The purpose of this study is to analyze and find problems with house sale and purchase contracts based on the Sale and Purchase AgreementMethods of the Research: The method used in this research is normative juridical. The research used is library research. The basis used in this research is the juridical basis consisting of Law Number 1 of 2011, GovernmentRegulation Number 12 of 2021. Results of the Research: When the state issues permits to operate housing to developers, the state has provided a legal guarantee to protect its people. Due to the guarantees that have given by the Government through statutory regulations and consumers following the instructions, they are guaranteed to receive legal protection from the state, State Administrative Officials, in terms of granting permits they have gone through applicable legal procedures, if it is proven otherwise then the government must be responsible for the decision. State Administration. However, if there is a violation of the law by the developer, it will difficult for home buyers to claim losses. Experienced, meaning that at the implementation level there is no guarantee for buyers from the state.

Study on the Impact from the Quality of Staff in the System to the Management of Social Insurance Policies in Vietnam

In Vietnam, building a contingent of civil servants and state administrative officials is the primary concern of our Party and State to meet requirements of innovative careers in the current period. Especially our country is in the process of deep integration into the world economy. With these new opportunities and opportunities, but also new difficulties and challenges, the team of insurance industry civil servants who directly serve the regime. Therefore, this force, in addition to professional knowledge of the industry, must also have qualifications, work handling skills, enthusiasm, solid labor psychology, advise policy managers on appropriate issues of policy in practice. The staff is a core factor in the management of the current Social Insurance policy. On the other hand, long-term Social Insurance policy management is subject to many factors from both inside and outside the system. Officials in the Social Insurance Management System need to quickly handle situations that occur to ensure the interests of participants in particular and ensure that the National Social Security is guaranteed in all conditions and circumstances. It can be affirmed that in Vietnam in Social Insurance Policy Management, the quality of staff in the system plays a decisive role. Keywords: Social insurance policy, Personnel, Social insurance, Management, Vietnam

Settlement of Village Apparatus Selection Dispute through the State Administrative Court

In adjudicating disputes, judges at the State Administrative Court have the main duties of examining, adjudicating and resolving cases. In developments in society, the principle of active judges needs to be widely understood in order to provide justice. In this writing, the authors use normative law research methods (normative law research). After discussing the existing problems, it can be concluded that the State Administrative Court handles disputes that arise. state administration or state administration officials. Obstacles in the process of finalizing the selection through the State Administrative Court, the Plaintiff was not ready when he filed the lawsuit, Obstacles that generally occur at the Dismiss al Procedure stage of the State Administration when a summons has been made to the plaintiff and the defendant to be asked for an explanation by the chairman of the plaintiff's court is unable to attend and The regulations governing the selection of village officials are overlapping and lacking in detail. The State Administrative Dispute Settlement Process is carried out in two ways, namely through administrative efforts and through lawsuits to the State Administrative Court.

Legal Problems in Determining Factual Actions as Dispute Object of the State Administrative Court in Indonesia

This study’s aim is to analyze how the concept development of State Administrative Decision (KTUN) in Indonesia. It is also to analyze the legal problems of determining factual actions as the dispute object in the Administrative Court because, after the promulgation of Law Number 30 of 2014 concerning Government Administration, there are some legal effects, especially after the emergence of factual action term as renewal. This study is normative research on the rules or the Law itself and the principle of positive Law by making legal materials the object of study. The approach used in the study is the approach of legislation and conceptual approach. The research data needed in this study is through the method of literature or documents and analyzed in a descriptive-qualitative way. The results showed that the KTUN before the Law Number 30 of 2014 is a written determination issued by a state administrative body or official containing administrative legal acts based on applicable laws and regulations, which are concrete, individual and final, giving rise to legal consequences for a person or civil legal entity. While the KTUN after the renewal is a written determination that includes factual actions, decisions of bodies and/or state administration officials in the executive, legislative, judicial, and other state administrations, based on the provisions of legislation and the General Principles of Good Government (AUPB), and final in a broader sense give decisions could have the potential to cause legal consequences, and/or could apply to citizens. The renewal is to cause problems such as chaos from the meaning of terminology, for example, the use of the term decision and or action. In addition, there is no specific explanation, so it is feared that legal norms are ambiguous, especially for judges in examining cases related to factual actions.

The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia

The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.

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.

Competence of The Court In Adjudicating Corruption Cases Committed By Officials Based On Discretionary Authority

Introduction: Discretion As freedom of acting or making decisions from authorized and authorized state administration officials in their own opinion in government practices, the use of discretion should not be worried about by government officials. Aside from being a principle in carrying out government functions, discretion also has a strong legal basis based on the Government Administration Law that concerns the policy not a few that are processed and charged with the Corruption Criminal Act, so that officials are trapped as corruptors because of their duties attached to positions That. But that does not mean that the judge is free to make a decision. Ethics and morals are the commonly known judges. In Indonesia, maybe what is meant is the code of ethics and guidelines for judges produced by the Supreme Court and the Judicial Commission. So as to minimize the use of wrong discretion authority which results in the problem of criminal acts of corruption.
 Purposes of the Research: This writing aims to find out the legitimacy of establishing a new high court in the islands.
 Methods of the Research: The research used by the author is a normative juridical research type. The procedure for collecting legal materials is carried out by conducting library research on legal materials, namely primary, secondary and tertiary legal materials. Then the legal material that has been obtained is analyzed qualitatively.
 Results of the Research: The results obtained are the Legitimacy of the Formation of a New High Prosecutor's Office in the Islands, to minimize the obstacles faced by the islands in fighting for people's rights.

Pelaksanaan Putusan Peradilan Tata Usaha Negara (PTUN)

Execution of the decision (executie) is the method and conditions that used by the tools of state power to help interested parties to carry out the judge's decision if the losing party is not willing to comply with the substance of the decision within the allotted time.limiting court decisions that have permanent legal force that are relevant to implementation, namely a decision that has been accepted by the parties or has not been submitted again legal action (appeal or cassation). Court decisions that have not yet obtained force the law still does not have the power of execution or in other words a court decision who still have legal remedies. State business as a manifestation of the implementation of the judicial function to control its course. The executive function in the form of testing a form of state administration decision issued by State Administrative Officials that the decision was in accordance with the provision legislation and general principles of proper government administration in accordance with Article 115 of Law Number 5 of 1986 concerning Administrative Court A state that states that only decisions have gained legal force fixed that can be implemented.

Principles of Recognizing Service Users in Corruption Prevention, Money Laundering and Terrorism Financing

The implementation of a clean and good government is one of the important principles in the implementation of executive functions in the administration of a modern state today. The general principles of good governance in public services require guidelines for state administration officials to carry out their functions efficiently, effectively and transparently in order to achieve good public services. Efforts to implement an efficient, effective and transparent government can be carried out in various aspects of government, one of which is in the implementation of government goods and services procurement projects. In this aspect, it is very vulnerable to abuse of authority, especially in relation to the use of state money provided by the government. State money is often misused intentionally by actors in the procurement of goods and services. In addition to the procurement of goods and services, other activities related to the use of money are money laundering and terrorism crimes that use funds as proceeds of crime, such as arms trafficking, prostitution, drug transactions, and other crimes. In this paper, the aim is to find out the government's efforts in applying the principle of recognizing service users in an effort to prevent corruption, money laundering, and acts of terrorism that use money or funds originating from crime. The method used is to collect library materials, both legislation, reference books, scientific journals, and others as well as utilizing field data from the experience of examining the implementation of notary protocols in the North Sumatera area. With this method, it is hoped that the results of the efforts made by the government through the principle of recognizing service users through the procurement of goods and services, carrying out duties in the position of a notary, and preventing acts of terrorism.

Anotasi Putusan Pengadilan Tata Usaha Negara Nomor 110/G/KI/2019/PTUN.BDG dan Implikasinya terhadap Pejabat Tata Usaha Negara

This research is to examine the basis for the consideration of the panel of judges at the Bandung State Administrative Court, which has decided on a dispute application. Information about the inspectorate audit report as information that is open to the general public. Disclosure of public information is one of the important elements for the realization of good governance or Good Governance in the administration of government. The purpose of this paper is the first to describe the judge's considerations in the decision of the Bandung State Administrative Court in Deciding Case Number: 110/G/KI/2019/PTUN.BDG Regarding Public Information Disclosure Disputes, the second is sanctions against State Administrative Officials who do not implement decision No.110/G/KI/2019/PTUN.BDG. This research is juridical normative oriented to legal analysis of the reality of the application of legal norms contained in various laws on public information disclosure in the decisions of the Bandung State Administrative Court. Sources of legal materials are based on primary legal materials and secondary legal materials. Primary legal materials are in the form of various decisions of the State Administrative Court and secondary legal materials.

ASPEK HUKUM KEGIATAN PERPAJAKAN DALAM PERSPEKTIF HUKUM PERDATA

Even though taxation activities are the actions of state administration officials in collecting taxes from their citizens, they are substantially an engagement. The state is the tax collector (creditor) and the taxpayer is the taxpayer (debtor). Therefore, the legal aspect of the engagement is dominant in taxation activities. Several aspects of civil law can be described, both material civil law, especially those relating to engagements as regulated in book III of the Civil Code and formal civil law relating to execution. Among them are related to the legal aspects of taxation activities in the perspective of engagement law, the expiration of tax debts, default and legal consequences and their execution. This includes hostage measures (gijzeling) that can be imposed on the taxpayer who in bad faith does not carry out his tax obligations.

Implication of the Constitutional Court Ruling on the Binding Character of the Election Organizer Ethics Council Decision

This article aims to examine the implications of the Constitutional Court Decision Number 32/PUU-XIX/2021 on the decision of the General Election Organizers Honorary Council (DKPP) which is final and binding as stipulated in Article 458 paragraph (13) of Law Number 7 of 2017 concerning General Elections, where the arrangement does not regulate which parties are bound by the DKPP decision. The method used is normative, using a statutory approach and a conceptual approach, focusing on studying secondary data, and then analysing qualitatively-descriptively. The implications of the issuance of the Constitutional Court (MK) Decision on the binding nature of the DKPP decision include: First, it is only binding on the President, the General Election Commission, Provincial Election Commission, Regency/City General Election Commission, and the Election Supervisory Board. Second, the binding nature of DKPP's legal product in the form of a Decision must be interpreted as a Decision of State Administrative Officials (beschikking) which is individual, concrete, and final, not the nomenclature of "decision (verdict)". Court legal considerations, namely: The phrase "final and binding" has been submitted to a judicial review in the Constitutional Court against the previous election law, guaranteeing legal certainty and eliminating legal confusion about the nature of DKPP decisions which are different from the nature of judicial decisions in general, DKPP institutions are placed on an equal footing with the Bawaslu and KPU.