State Administration System Research Articles

CONSTITUTIONAL POSTPONEMENT OF THE 2024 GENERAL ELECTION IN THE INDONESIAN STATE SYSTEM

The discourse on postponing the 2024 general elections has become a separate discourse in implementing democracy in the Indonesian constitutional system. This intersects between holding general elections as mandated by the provisions of the 1945 Constitution and Law Number 7 of 2017 concerning general elections held every 5 (five) years and affirming the limitation of executive and legislative powers for 5 (five) years based on The 1945 Constitution. This becomes the primary argument in reviewing the constitutionality of postponing the 2024 General Elections in the Indonesian State Administration System. Postponement of General Elections as regulated in Law no. 7/2017, which basically regulates the existence of a an advanced general election and a follow-up general election. The follow-up general election and the follow-up general election constitute a postponement of the general election in the stages of holding the general election so that the follow-up general election and the follow-up general election do not include a postponement of the general election outside the stages of holding the general election. Postponement of general elections outside the stages of holding general elections has no legal instruments. As for the realization of postponing the General Election, it can be done through the issuance of a Perppu or an Amendment to the 1945 Constitution. Suppose it refers to the issuance of a Perppu. In that case, it is necessary to emphasize matters of urgency that compel the postponement of the general election can be carried out. In addition, the realization of postponing general elections with a rational paradigm can be carried out through the Amendments to the 1945 Constitution

STUDY OF FOREIGN EXPERIENCE OF THE BASIS OF CONSTRUCTION OF THE SYSTEM OF STATE CONTROL

The article is devoted to consideration of the problems and trends of strengthening the economic and social potential of the country through quality management of state finances, which is a priority task of the state and its institutions in the conditions of increasing the use of state resources and overcoming the consequences of the global financial and economic crisis. The financial stability and security of the country, the effectiveness of state policy, the level of the population's quality of life, the achievement of social -economic goals of the state. Therefore, in the process of ensuring the quality of management and the use of state resources, the role of state financial control institutions, the effectiveness of the tools and methods they use in the process of activity is important (without exaggeration). The experience gained in this direction proved the low effectiveness of the tools used and proved the need to improve state financial control and audit. The need for careful study and implementation into practical activity of the positive experience of building a state control system existing in developed countries, one of which is the Kingdom of the Netherlands, is justified. There are three levels of control in this country, and all the functions necessary for the state (in particular, regarding financial control) are first determined in the state administration system, and then they are distributed among the bodies, which makes it possible to clearly distinguish the powers and competences of different bodies, including controlling The procedure for introducing internal control systems in every institution and organization of the Netherlands, merging internal audit units into the Central Government Audit Service under the Ministry of Finance, and introducing mechanisms to further limit the minister's influence on implementation deserve attention for the implementation of positive experience in the practical activities of the state financial control bodies of Ukraine. control, the existence of an independent external financial control body (audit court), cooperation and exchange of information between the Central Government Audit Service, the Court of Auditors, the Institute of Internal Auditors, the Netherlands Organization of Accountants, private audit firms, the European Commission (in matters of control over EU funds), and also with universities that train personnel in the relevant field. Keywords: state resources, state financial control, state financial audit, efficiency, effectiveness, transparency.

Islam and the Foundation of the State in Indonesia: The Role of the Masyumi Party in the Constituent Assembly the Perspective of Fiqh al-Siyāsah

At the commencement of Indonesian independence, the Masyumi Party was the sole prominent Islamic party. It attempted to include Islam as the foundation of the Indonesian state into its constitution. This study aims to investigate the effort of the Masyumi during their active participation and administration of the government throughout the Old Order period in the context of fiqh al-siyāsah. This research is a qualitative legal study employing the approach of fiqh al-siyāsah or Islamic politics. Meanwhile, data collection techniques were carried out through literature studies and in-depth interviews. The results of this study indicate that Masyumi's efforts in the Constituent Assembly, whose task is to draft the Indonesian State Constitution, were carried out very seriously and earnestly, causing the work of the Constituent Assembly members to drag on because there was no point of convergence between the Masyumi Islamic Party and the national parties. As a result of the absence of a meeting point, President Soekarno, with the support of the Indonesian Army, issued a decree on July 5, 1959, dissolving the Constituent Assembly and reverting to the 1945 Constitution. It turned out that the failure of Masyumi's hard work to make Islam the basis of the state was due to internal factors: communist, nationalist, and secularist ideology. In addition, it was also influenced by several external factors: the infiltration of the global superpowers and Islamophobia. Despite the fact that Masyumi was deemed a failure, various contributions in the context of fiqh al-siysah in Indonesia, particularly resistance to communism, contributed color to an Islamic state administration system as well as adherence to the constitution and theistic democracy.

Community Tradition in Pre-Romanov Russia

The understanding of the basic laws of the political history of Russia will be obviously incomplete without a scientific understanding of the role of the community (agricultural, rural, peasant) in the development of national statehood at each appropriate stage. The unity and continuity of the national history up to and including the Soviet period was ensured by the reproduction of the community in its various concrete historical forms. The way out of the most significant points of bifurcation in the history of Russia is inextricably linked with the communal tradition: the revival of the national statehood both after the overthrow of the Horde yoke, and during the overcoming of the Troubles of the beginning of the XVII century. The article is devoted to the consideration of community tradition as a long-term factor in the history of national statehood. The markers of the civilizational specificity of Russia associated with the community (attitude to private property, neighborly character) are emphasized. The view of the politogenesis of the Eastern Slavs and the statehood of the lands of pre-Mongol Russia as the formation and development of a system of subordinate communities is consistently substantiated. The inclusion of the estate self-government of the tyagly posadsky and volost worlds in the system of state administration of Moscow Russia as a grassroots administration is revealed.

State management of education and training in Vietnam

The relevance of the research is due to the fact that nowadays, public administration is a rather important factor that affects any social system, in particular, the structure of education and upbringing. Since the development of the education system is directly related to the development of the education mechanism itself, it is necessary to take measures to reform the state management of education. The purpose of the study was to find out how the level of state management of the education system in Vietnam affects the future profession and success of students. To achieve the goals and objectives, the following methodological approaches were used: the analysis method, the theoretical approach, the systematic approach, the deduction method, the induction method, and others. The article reveals and analyses the concept of “state management of education and training”. Modern methods of modernization of public administration in the field of education and training in Vietnam are also defined. It was revealed how important the educational sector is for the formation of the state. The results of the survey were analysed, which showed what factors should be added to improve the education system. The peculiarities of the implementation of state administration in the activity of a modern general educational institution are considered. The main components of the state model of management of education and training in educational institutions are defined, the purpose of public education in modern Vietnam is highlighted, as well as the criteria on which the quality of the education system depends. With the help of methods of analytical and statistical analysis, the features of the state administration system in the field of education and training were studied. The need to modernize education and training management is substantiated. It has been proven that the quality of education is related to the effectiveness of management. The educational process is considered as an important characteristic of the state’s competitiveness. The obtained research results provide an opportunity to determine effective ways to improve the quality of education management.

THE ROLE OF LOCAL SELF-GOVERNMENT BODIES IN THE SYSTEM OF PUBLIC POWER OF RUSSIAN FEDERATION: BEST PRACTICES OF ROSTOV REGION

The article deals with issues related to determining the place and role of municipal authorities in the system of state and municipal administration of the Russian Federation. The example of the Rostov region shows the interaction of local self-government bodies and public authorities to address issues of local importance. The circle of problems of ensuring the independence of municipalities is out-lined. The article also identifies the reasons for the imperfection of the legal regulation of the local self-government system.

Conflict of interest prevention clause in the constitution: The study of the Indonesian Constitution

This study starts from the fact that Indonesia has adopted the separation of powers after reforming the state administration system. However, the separation of powers after twenty years was only formally against state power. Meanwhile, absolute power is not separate. The question is about the influence and involvement of economic power in state administrators. For example, the Indonesian law-making process for the Mining Law of 2020 and the Job Creation Law of 2020 was hijacked by political-business interests, which were biased between business and public interests. Many state administrators are affiliated with entrepreneurs, resulting in conflicts of interest in law-making and decision-making. This study assumes that a clause on preventing conflicts of interest must be formulated in the Constitution as the highest law of the land and state ethics. Therefore, this study aims to answer why the Constitution must include the conflict of interest clause. Also, how the substance of the prevention conflict of interest clause. The normative research method is used in this study by conducting a historical and comparative analysis of clauses to prevent conflicts of interest. This study also formulated ideal clauses to determine what actions are considered to create conflicts of interest that potentially impact law-making and decision-making.

통일 한국에 대비한 지방자치법제의 과제

Unification is a future that will surely come someday. In a situation where no one knows what the subject and form of unification will be, discussions on the state form, government organization, and administrative system will proceed first. Therefore, it is essential to study in advance how to set up the state form, government organization, and administrative system in preparation for a unified Korea. The state form, government organization and administrative system cannot be reformed while ignoring the balanced national development and local autonomy system. After unification, young North Koreans will also try to move to Seoul and other places to find jobs, just as we currently move to Seoul and other metropolitan areas in search of jobs. Therefore, it is necessary to consider in detail how to reorganize the state form and administrative system after unification from the perspective of balanced national development and local autonomy. After reunification, the administrative systems of the two Koreas must be reorganized to achieve balanced regional development and local autonomy. In other words, it should be reformed into a system that can reduce the development gap between the two Koreas and increase the balanced development of each region and local autonomy. The answer is the form of a federal state to make each region a well-off country by distributing authority evenly to each region. In the federal state of Korea, the administrative system should be reorganized into a federal-province-regional office-local government. It will be important to ensure that their authorities and responsibilities are aligned through a clear distribution of powers between the federal government, provinces, regional offices, and local governments, and that the administration can be operated organically between each level and at each location.

Pernan Advokat Dalam Memberikan Bantuan Hukum Kepada Masyarakat Dalam Perspektif Hak Asasi Manusia


 Legal aid has an important position in every criminal, civil and state administrative justice system, including in Indonesia. The concept of legal aid relates to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. Legal aid is carried out by legal aid providers who are oriented towards noble values, namely the humanitarian aspect to fight for human rights to live in prosperity and justice. This paper aims to find out the role of advocates in law enforcement and to find out the obstacles they face in upholding the law, especially in defending their clients in the Pemko Medan area. Advocates in Pemko Medan, especially those who are members of the Indonesian Advocates Association Organization (AAI).
 Keywords:: Advocate, Legal Aid, Human Rights

Reconstruction of the Ideal Position of the Corruption Eradication Commission in the Indonesian State System Based on Justice Values

This study aims to identify and analyze the construction of the position of the Corruption Eradication Commission in the current state administration system, find the weaknesses and position of the Corruption Eradication Commission in the current state administration system, and find answers to the efforts that should be made in the future to ideally reconstruct the position of the Corruption Eradication Commission—based on Pancasila. The approach method used is socio-legal research which is a study that "integrates" doctrinal legal studies with social studies. The results of this study were obtained and it was concluded that: (1) The position of the Corruption Eradication Commission legally is a state institution of the executive family which has implications if the Corruption Eradication Commission can be made the object of the Right of Inquiry by the People's Representative Council of the Republic of Indonesia and the position of the Supervisory Board which is one of its powers increasingly giving a new color, which includes the permit process for Wiretapping, searches, and confiscation, which is mandatory for the Corruption Eradication Commission to the Supervisory Board which will have implications for the problem of intervention, certain political interests towards the Corruption Eradication Commission that enter through the Supervisory Board. (2) Reconstruction of the ideal position of the Corruption Eradication Commission in a constitutional system based on Pancasila values of justice is the Corruption Eradication Commission as a unique agency carrying out the functions of judicial power in the field of prevention and prosecution of criminal acts of corruption that are free, independent and may not receive interference from the executive or legislature in carrying out its position. By the values of Pancasila, namely social justice for all Indonesian people, where the relevance is that the Corruption Eradication Commission's power as a law enforcer must be positioned by efforts to achieve justice with the support of the Corruption Eradication Commission's ideal position in the constitutional system. To strengthen the reconstruction of values, the legal reconstruction should ideally be carried out by amending several articles, namely Article 3, Article 21, Article 30, and Article 37B paragraph 1 b, in Law Number 19 of 2019 concerning the Corruption Eradication Commission. So that the position of the Corruption Eradication Commission is no longer under the auspices of the executive but at the judiciary which is independent and independent.

Institutional thickness of a shrinkage region with discontinuous development in a border periphery in Czechia

The article examines the effects of the social networks of a range of actors on the local development of municipalities located in Czech peripheral border regions. Its main goals are to shed light on and understand the role of social interactions in the development activities of individual municipalities in border-region peripheries and reveal the spatial differentiation of these municipalities. The borderland Cheb district (western Bohemia) is affected by the shrinkage process, and the concept of institutional thickness is used as the explanatory framework. One of the key conclusions is that the more disadvantages there are, the more important institutional thickness is as a development factor. The research data are drawn from 24 semi-structured interviews with the mayors of municipalities that within the system of state administration are municipalities without extended powers. The research also confirmed the diversity of individuals holding the position of mayor and the differences in the specific role mayors play in local development, as well as how important it is for municipalities to be active in microregional associations. It also showed that the internal differentiation of development opportunities and the formation of formal and informal ties are also determined by the quality of horizontal and vertical cooperation.

Asymmetric decentralization with selective broad autonomy in the state administration system

Asymmetric decentralization is the opening of space for the implementation and creativity of the province in the implementation of regional government outside the general and special provisions. The purpose of this paper is to analyze the concept of asymmetric decadency with selective broad autonomy to make it easier to grant autonomy to the regions. The term decentralization is the administration of government in which functions, duties, and authorities are delegated to the widest possible extent to the regions. (Sarundajang, 2011). The methodology employed in this research was a normative study with doctrinaire research or called library research or document study (Waluyo, 2008). The main findings of the paper, the differences in the character and culture of each region make the administration of government in the regions not monopolized by the central government, which is feared will homogenize the pattern of government in all regions. The concept of asymmetric decentralization with the principle of broad and selective autonomy is the right choice for the administration of regional government in the future. The conclusion that the concept of asymmetric decentralization with broad selective autonomy is one alternative to facilitate the realization of the goal of granting autonomy to the regions.

КОНТЕНТ-АНАЛІЗ ДИСЕРТАЦІЙНИХ РОБІТ З ПРОБЛЕМАТИКИ МАРКЕТИНГУ В УКРАЇНІ

The article has carried out a content analysis of the abstracts of dissertation studies devoted to marketing issues for the period 2000–2021 with the aim of determining their status in economic and other fields of science in Ukraine. This involves determining the range of issues related to marketing activities in the theses of domestic scientists, the state of their consideration, and the determination of problematic areas of research. Quite significant synergistic relations of research on marketing have been determined, since a significant number of studies that use marketing in one way or another have been presented in other fields of knowledge, in addition to economics, in particular, in pedagogical activity, political sphere, the state administration system, etc. According to the dynamics of the number of defended dissertations in various specialties in the economic field of knowledge, the accumulation of a rather significant potential of domestic science in the field of marketing and the further relevance of its research in economic activity have been determined. The level of scientific activity by regions of Ukraine has been established, where the institutions of Kyiv and Kyiv region are the leading ones. Although conducting research and defending dissertations gradually expanded in terms of geography. Contemporary directions of research have been highlighted, i.e. strategic aspects of marketing, components of the marketing complex, managerial aspects of marketing, innovation, competitiveness and marketing, decision-making in marketing and its information support, as well as international marketing. Internet marketing and digital marketing have been mentioned among the latest topical areas of research. Based on the content analysis of dissertation abstracts, the main features of the consideration of marketing issues in domestic science have been outlined, i.e. the presence of a fairly wide range of terms in marketing, the dynamics of their transformation; significant determinism of approaches to marketing depending on the object of research; the formation of separate trends in marketing; application of marketing in specific functional areas of enterprise activity.

МІСЦЕ РАДИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ Й ОБОРОНИ УКРАЇНИ В СИСТЕМІ ДЕРЖАВНОГО УПРАВЛІННЯ НАЦІОНАЛЬНОЮ БЕЗПЕКОЮ УКРАЇНИ

The article examines the issue of the general structure of the national security management of Ukraine. Various approaches of scientists to the issue of the system of ensuring national security and the normative consolidation of basic concepts in the field of security are analyzed. Attention is focused on its structural elements and compliance of the National Security and Defense Council of Ukraine with the features of the subject of the specified system. Also, with reference to the current legislation of Ukraine, the place of the Council in the system of state management bodies of the national security system of Ukraine is substantiated. Particular attention is paid to the constitutional appointment and its functions, the authority to make decisions on the application of personal restrictive measures (sanctions) and the grounds for such application. It was found that the powers of the Council regarding the selection of types of sanctions are not limited, as the law does not establish an exhaustive list of their types. Attention was drawn to the fact that the implemented decision of the Council on the application of sanctions gives rise to the emergence of special legal relations in the sphere of public administration by the national security system involving subjects of power and subjects of private law, within public-law disputes often arise. The legal status of state bodies and their place in the state administration system, similar to the National Security and Defense Council of Ukraine, was also studied on the example of foreign countries, namely the United States of America, the Republic of France, the Federal Republic of Germany and the Republic of Poland. The need to improve the legal status of the National Security and Defense Council of Ukraine in terms of its performance of tasks that arise in the process of the need to apply sanctions to the relevant legal entities has been proven. Ways to improve the activity are proposed, which will help to improve its functioning and reduce the number of public legal disputes, in particular, regarding the appeal of the applied sanctions.

PROSPECTS FOR THE CREATION OF "SMART MINISTRIES" WITH THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN THE REPUBLIC OF ARMENIA

In the modern world, the role of artificial intelligence (AI) has a great impact on all existing sectors, and the impact of AI on the public administration system is even more important, considering the fact that the main functioning of the country depends on the improvement of the efficiency of the public administration system the development of sectors. AI can be applied in the public administration system in different ways. One of the most promising applications of AI is data analysis, and AI algorithms are capable of processing huge amounts of data in seconds and can identify patterns and trends that humans would not be able to spot. This can be invaluable for government agencies that can collect and manage large amounts of data, such as the Statistics Committee, the State Revenue Committee, the State Audit Service, the Ministry of Health, the Ministry of Territorial Administration and Infrastructure, and a number of other government agencies. Through the implementation of AI in the public administration system, problems can be identified more quickly and solved more efficiently. The article is dedicated to the introduction of artificial intelligence in the state administration system, its positive aspects and features. In the article, the main attention was paid to the creation of smart ministries through the AI, as well as the mechanisms to make the work in state structures more efficient, taking into account the studies of international experience.

ПЕРСОНАЛОЗАВИСИМОСТЬ ГОСУДАРСТВЕННЫХ ОРГАНИЗАЦИЙ

Since 1993, in the Russian Federation, only according to formal criteria, there have been at least 5 attempts to reform the civil public service. With each new round of reforms, the number of laws and regulations regulating the civil service increased and the transformations multiplied. But the quality of reforms and the socio-economic and political consequences they caused remained low. The author’s many years of research experience on the issues of the state civil service, as well as the practice of consulting activities and work on the jury of the All-Russian competition “Best HR Practices and Initiatives in the System of State and Municipal Administration” suggested that one of the reasons for the failures lies in ignoring the special property of state organizations - their personal dependence. The purpose of this article is to develop the concept of personnel-dependent organizations as applied to the state civil service system. A detailed analysis of the characteristics of personnel-dependent organizations is carried out, their impact on approaches to personnel management in the civil service, and recommendations are offered for restructuring the management of the civil service system, taking into account its personnel-dependent nature.

Analysis of the Development of the State Administrative Court System (Case Study of Decision No. 35/G/2019/PTUN.SRG)

Sistem Peradilan Tata Usaha Negara di Indonesia terus mengalami perkembangan seiring dengan kemajuan ilmu pengetahuan. Perkembangan ini dapat dibuktikan dari pengesahan UU No. 9 Tahun 2004 dan UU No. 51 Tahun 2009 terkait perubahan UU No. 5 Tahun 1986 tentang Peradilan Tata Usaha Negara. Selain oleh undang-undang tersebut, perkembangan sistem Peradilan Tata Usaha Negara juga dipengaruhi oleh UU No. 30 Tahun 2014 tentang Administrasi Pemerintahan. Adapun salah satu perkembangan yang paling terlihat adalah adanya perluasan subjek dan objek dalam sengketa tata usaha negara. Pengertian Keputusan Administrasi Pemerintahan/Keputusan Tata Usaha Negara menurut UU No. 30 Tahun 2014 berbeda dengan pengertian menurut UU No. 5 Tahun 1986. Hal yang membedakan adalah dalam UU No. 5 Tahun 1986, keputusan harus bersifat konkrit, individual, dan final serta menimbulkan akibat hukum bagi orang atau badan hukum perdata. Sementara, menurut UU No. 30 Tahun 2014 hal tersebut tidak disyaratkan. Dengan adanya perluasan ini, maka kewenangan PTUN dalam mengadili suatu KTUN semakin meluas. Salah satu contoh penerapan dari perluasan objek sengketa ini adalah dengan adanya Putusan PTUN No. 35/G/2019/PTUN.SRG yang mengabulkan gugatan 6 mahasiswa kepada Direktur PKN STAN atas objek sengketa berupa surat keputusan yang menyatakan bahwa 6 mahasiswa ini tidak lulus dalam ujian. Majelis Hakim dalam amar putusannya memutuskan untuk mengabulkan gugatan Penggugat dengan pertimbangan bahwa Keputusan tersebut dibentuk tanpa memperhatikan Asas-asas Umum Pemerintahan Yang Baik yaitu asas kecermatan dan asas penyelenggaraan tertib penyelenggaraan negara.

Formation and development of the system of state administration and state-confessional relations in the Caucasus at the end of the 18th – the middle of the 19th centuries

Formation and development of the system of state administration and state-confessional relations in the Caucasus at the end of the 18th – the middle of the 19th centuries

ИНСПЕКТОРА ПО НАДЗОРУ ЗА ТИПОГРАФИЯМИ И КНИЖНОЙ ТОРГОВЛЕЙ В СИСТЕМЕ ГОСУДАРСТВЕННОГО УПРАВЛЕНИЯ РОССИИ НА ПРИМЕРЕ САНКТ-ПЕТЕРБУРГА (1863-1914 ГГ.)

ИНСПЕКТОРА ПО НАДЗОРУ ЗА ТИПОГРАФИЯМИ И КНИЖНОЙ ТОРГОВЛЕЙ В СИСТЕМЕ ГОСУДАРСТВЕННОГО УПРАВЛЕНИЯ РОССИИ НА ПРИМЕРЕ САНКТ-ПЕТЕРБУРГА (1863-1914 ГГ.)

Еволюція інституційної спроможності парламенту України: історико-політологічний аналіз

The article analyses the evolution of the institutions of the organization of the power system in Ukraine in general and the institution of parliamentary system in particular. The problems that, in the opinion of the author, determine the vulnerability of the institutional capacity of the political system are singled out. The attention is focused on the instability of the regulatory and legal framework - the repeated introduction of constitutional changes regarding the models of the organization of power, the transformation of certain norms of the Constitution of Ukraine, which determined the place and role of the parliament in the political field of the country. It has been proven that such variability of the "rules of the political game" has acquired signs of a threat to the institutional capacity of the Ukrainian parliament. It is emphasized that, despite the amendments to the Constitution of Ukraine, a number of legal conflicts remain. Among them is the unsettled nature of the institution of the imperative mandate, which gives rise to disagreements in the interpretation of the rules for depriving a people's deputy of his powers; inconsistency of the norms of the Constitution of Ukraine with relevant laws, etc. The author draws attention to the fact that many provisions of the Basic Law are adopted "advance" and regulation of certain norms is foreseen by special laws. At the same time, the adoption of these laws is either delayed, or they are not adopted at all. The author draws special attention to the problem of non-compliance with legally defined procedures in the process of adopting constitutional amendments. The thesis about the presence in Ukraine of the practice of instrumentalizing the Constitution by some political agents, whose activities are not aimed at optimizing the state administration system in the interests of the main source of power - the people, but in order to satisfy their own political and economic interests, is substantiated. The conclusions of the study are the identification of possible directions for strengthening the institutional capacity of the Ukrainian parliament, harmonization of constitutional norms and overcoming challenges along the way.