State Administration System Research Articles

Forced Money (Dwangsom) in the Indonesian State Administrative Court System and Astreinte in French Conseil d'État

The administrative court system in Indonesia shares fundamental similarities with the state administrative court system in France. This study aims to conduct a comparative analysis of the judicial systems in Indonesia and France, specifically focusing on examining the regulation of forced money penalties (dwangsom) in Indonesia. It has been around for about fourteen years since Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court ("State Administrative Court Law); there are no implementing regulations, thus hindering the imposition of forced money in the decisions of the State Administrative Courts in Indonesia. As per the author's assertion, this circumstance can potentially diminish the effectiveness of the State Administrative Courts in Indonesia, undermining their ability to enforce judgments. In the context of legal matters, it is noteworthy to mention that the French Conseil d'État has taken measures to govern the issue of forced money penalties (astreinte), specifically regarding their execution and associated costs. The study used normative juridical. It also used a comparative method to normative juridical methods to analyze Indonesia's principles, norms, and legal system. Study findings indicate the urgent need to establish regulations on imposing forced money penalties within the Indonesian Administrative Court. This is crucial to mitigate challenges associated with enforcing forced money decisions, minimize financial losses resulting from errors in official services, and address the legal uncertainty surrounding the determination of forced money costs.

DEVELOPMENT TRENDS OF STATE POLICY ON WOMEN IN UZBEKISTAN AND ITS MEDIA COVERAGE

The article analyzes the role of women in Uzbekistan in public life, their role in our socio-political life, the attention paid to them today and the coverage of these issues in the media. In addition, the role of women in public administration and their role models for other women in our society, as well as the influence of the media on these issues are covered today. In addition, the state policy on the formation of a woman to further enhance her status in society was considered. At the same time, there is a lack of material in the press on the spiritual image, enlightenment, life and social aspirations and aspirations ofwomen in the system of state power and administration, their attitude to the painful points of society, their human qualities. The issue of women's involvement in "big politics" is also covered mainly during the election campaign, and in many cases, the materials in this area are presented in a formal way. It is advisable to increase the number of materials dedicated to girls who have decided to engage in political activities in the future.

Kewenangan Dan Penyelesaian Sengketa Peradilan Tata Usaha Negara (Perbandingan Indonesia Dan Korea Selatan)

This article aims to examine the comparison of authority and dispute resolution of the State Administrative Courts of Indonesia and South Korea. The method used is a statutory statue and comparative approach. This study shows that the Indonesian and Korean state administrative justice systems have the same deadline for filing lawsuits, administrative and judicial efforts, and active judges; and there are also differences regarding the types of lawsuits, the existence of the State Administrative Court, who are the officials in the court, the number of judges authorized to hear and to whom the appeal is addressed.

Functions and roles of representative bodies in the state administration system (critical analysis of the journey of democracy in Indonesia)

The purpose of this study is to determine the function and role of representative bodies in the Indonesian constitutional system by looking at the journey of democracy in Indonesia. This research uses a descriptive qualitative research method based on a literature study and a normative law approach. The data in this study is secondary data obtained by observing literature. The results of this study indicate that basically, the DPD, DPR, and DPRD have the same functions and roles, namely the function of legislation, the function of budgeting, and the function of supervision. The difference between the three lies in the representation that is shaded and the details of the duties and authorities that emerge from these functions. The DPD only appeared after the third amendment to the 1945 Constitution. The DPR has existed since the Dutch colonial era, although it was abolished during the Japanese colonial period. This study concludes that the fact that there is a representative council in Indonesian democracy is something that has a vital role.

The Systematic Analysis of Scientific and Practical Approaches Based on Competencies in the System of State Management

In this article, in the context of a systematic analysis of scientific and practical approaches to the development of management competencies in the context of the activation of transformational processes in the state administration system, the fundamental concepts and structural structure of competencies were clarified, as well as the author’s approach to these issues, structural problems, and risks. In addition, proposals and recommendations for enhancing the management skills of government employees have been made.

Analysis of the results of Structural Surveys of russian Business for 2017–2022

The development of business structures with a different scales of activity, as well as individual entrepreneurship (IE) is the basis of the economy of any country, the source of creating highly efficient jobs, the basis for introducing innovations; therefore, in all countries of the world, structural survey programs are implemented annually, including a unified system of indicators — business organizations and individual entrepreneurs act as objects of continuous annual monitoring by national statistical services. In this regard, the purpose of the study — that is to study the patterns of demography of Russian enterprises and changes in their business activity in 2017–2022 — is so relevant. The work used a selective method of observation, methods of dynamic and correlation-regression types of analysis. The authors studied the structure of the totality of Russian business organizations, their distribution by federal districts according to such criteria as the birth rate (economic birth rate), official liquidation (mortality), structural shifts in their demography in 2022 compared to 2017. In the course of the study trends in changes in the levels of fertility and mortality of organizations were determined and short-term forecasts of their values for 2023 were built. The authors also present the results of an analysis of the development of individual entrepreneurship in the Russian Federation for 2017–2021. The results of the study can be used both in territorial statistical services and in Rosstat, and can also be used to train economists, analysts, statisticians in universities of a financial and economic profile, in scientific organizations, in the system of regional and state administration for the development of socio-economic policy.

Periodic Principles in General Elections: Orientation and Implications in Indonesia

The general election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people’s sovereignty. In general, the principles of elections include the principles of direct, general, free, confidential, honest, and fair. This study seeks to explore the legal construction related to the periodic principle of general elections which must be held periodically every five years to become a separate principle in elections. The issue of periodization in general elections really needs to be emphasized as one of the principles in general elections as the main basis for creating a cycle of replacement and filling of public positions in the state administration system. This research is a normative legal research with statutory and conceptual approaches. The results of the study confirm that the orientation of legal construction on the periodic principle has actually been expressly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, the orientation of the periodic aspect is part of the general election principle which is obligatory and must be implemented. This implies that the principles of general elections include the principles of direct, general, free, confidential, honest, and fair, and must be held periodically for five years. In this case, the periodic principle becomes very important to be recognized and explicitly stated in the general election law as a new principle in the technical implementation of general elections. this has implications for the implementation of elections that are inconsistent and tend to change in each implementation. Whereas in holding general elections, the periodic principle will uniformize the holding of elections simultaneously, both national elections and elections at the regional level by setting forth and affirming in the general election law that periodization is a technical principle in holding general elections in Indonesia.

Control as a function of the state

The article is devoted to the study of control as a function of the state through the prism of linguistic constructions used in science and etymology of the term “control”. The authors consistently substantiate the position according to which control as a function of the state can be considered as a form of normatively fixed conscious and socially approved process of functioning and development of the system of state administration. In addition, control has specific features expressed in the need to maintain order and the implementation of regulatory actions performed by a special subsystem within the mechanism of the state, which is an organized and institutionalized system of a higher order. The hypothesis is argued that the peculiarity of the state control function lies in its separation into an independent direction of state activity in order to systematize legal practice in the framework of interaction “subject — object of control”, to identify the causes and conditions contributing to the deviation from the normatively established model of behavior, and to return to the mainstream of normatively envisaged, socially approved functioning. Control as a function of the state is aimed at improving the institutions of the state and out of state activity. At the same time, an effective system of control within the framework of public administration is based on the results of legal practice.

Components of Public Policy in the Conditions of Implementation of the Mobilization Model of Economic Development

The article examines aspects of public policy formation with the aim of implementing the mobilization model of economic development. Threats and challenges to Ukraine’s national security under martial law indicate about the need for fundamental changes in approaches to the formation of the foundations of public policy aimed at a deep transformation of economic relations. Public policy can become a means of overcoming disputes in society and contribute to the establishment of an order that is recognized by all members of society. And the extent to which public policy takes care of the interests and needs of the common people, or defends transnational, oligarchic, state-bureaucratic, party, confessional, or any other corporate interests, will depend on the actual degree of its publicity and the effectiveness of confronting modern challenges and threats. The main concepts of ensuring the economic security of the state and accelerating its economic development are considered. For the effective functioning of the mobilization model of economic development, there is a need to centralize the state administration system with a strengthening of the role of planning, organization, regulation and control. Economic security is achieved in the presence of the necessary norms, appropriate public policy, an effective mechanism of state administration, effective institutions for the protection of the public interest, and coordination of the activities of political and public forces. The economy of the state should always be aimed at achieving specific social goals, the basis of which is a person, various components of his comprehensive development, his rights, the opportunity to live and work peacefully, cooperation and a fair system. The mobilization model of economic development is meant as an anti-crisis model of the economy, aimed at maximum protection of the state from various threats and challenges, which is based on a special system of public management of economic activity, which allows to ensure the fullest use and restoration of production factors. Only the state can carry out the necessary mobilization of the economy for the benefit of society, taking into account the interests of future generations. Business itself is not capable of this. The work raises the question of fundamental reform of economic relations, overcoming the consequences of economic degradation in the conditions of the arbitrariness of the colonial-oligarchic model of the economy, changing the vector of the country’s socio-economic development in the direction of ensuring economic, technological, digital, cultural and educational sovereignty. According to the results of these processes, not only the management system and the economy must change, people must change, the state itself must change.

The Role of Political Parties in the Implementation of Democratic General Elections in the Indonesian State Administration System

Purpose: The objective of this study is to analyze the role of political parties in the organization of democratic general elections, in the context of the Indonesian constitutional system. Theoretical framework: Democratic elections are one of the fundamental pillars of the Indonesian political system, based on democratic principles. In this context, political parties play a decisive role in influencing and shaping the general election process, as well as in providing a forum for citizen political participation. Method: This research will use a qualitative approach, with a descriptive analysis and a literature analysis. The results of the study show that democratic elections can be demonstrated in at least 3 things, i.e. whether human rights are recognized, protected and promoted, the loyal capacity of electoral participants. Results and Conclusions: According to the study, democratic elections in Indonesia require an active role of political parties as representatives of the interests of the people. Political parties must be able to articulate the wishes and needs of citizens and to formulate programmes and policies that reflect citizens' values and expectations. In addition, political parties must ensure that the process of electing candidates is highly transparent and accountable. Research Implications: According to the conclusions of this study, political parties play an important role in Indonesia in ensuring the consedeo of democratic elections. Representing the interests of the people, participating in fair elections. Originality/value: Writing quality candidates and leadership candidates, and mobilizing the public to actively participate in elections are part of the responsibilities of political parties.

Decision-Making Methods in Transport Policy: a Multi-Criteria Approach

Transport policy includes various aspects of government regulation of transport and related industries. Decision-making in transport policy must consider a wide range of factors and evaluate options for the consequences of adoption of certain decisions based on various criteria, such as cost, environmental impact, and social effects. Two widely used decision-making tools in transport policy are multi-criteria decision analysis (MCDA) and cost-benefit analysis (CBA).The objective of the study was to select decision support methods for transport policy that consider aspects other than monetary or hardly formalised onesAs a practical experiment, the study selected and ranked projects currently considered promising, per as they correspond to a given target using T Saat/s analytic hierarchy process. Several criteria developed within the framework of the study are proposed for the purpose of applied assessment of the pool of projects and their prioritisation.Application of such criteria and AHP allowed to develop a new applied tool for evaluating projects for subsequent use in the system of state administration of the transport industry. The study concludes that although CBA and MCDA methods have their strengths and weaknesses, the choice of method should depend on the specific context of the project.

Kontekstualisasi Ayat-Ayat tentang Kepemimpinan dalam Al-Qur’an (Studi Fenomena Politik Identitas Indonesia)

This research is entitled "Contextualization Of Verses About Leadership in The Qur'an" (Study of Political Phenomena of Indonesian Identity)". The background of this research is of the term leadership in the contemporary era. There has been a lot of disharmony between religious communities that has deprived other people of their basic rights, resulting in discrimination and oppression due to leadership issues. Even though the essence of the truth of leadership in a religion is the formation of a prosperous, just and prosperous society (Baldatun Toyyibatun Wa Rabbun Ghafur) Islam does not provide a formal leadership and state administration system for its people, however, the Koran as the main source of teachings provides principles universal about leadership in the holy book, as for the form of words or meanings that have the criteria and characteristics of a leader described in several letters and verses in the Koran. Against this background, the problem is formulated, how is the contextualization of the verses of the Koran about leadership towards the phenomenon of identity politics in Indonesia? and What aspects are contained in the contextualization of the verses of the Koran about leadership towards the phenomenon of identity politics in Indonesia? The type of research that will be used is library-based research (library research). The research is carried out by taking data sources from library, then selecting these data, and analyzing these data. This research is basically main source, namely the verses that discuss leadership and how the phenomenon of Indonesian Identity Politics.

THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA

The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the order and position of these decrees in the state administration system. This research adopts a normative research method, utilizing a statutory approach as the primary legal material and secondary legal materials such as books, journals, and other sources for analysis. The findings of this study indicate that the re-existence of MPR Decrees creates ambiguity in the validity of the MPR within the state administration system, considering that MPR Decrees originated before the reform or amendment of the 1945 Constitution, when the MPR held a higher position as a state institution. Furthermore, there is no authorized judicial institution to test the MPR Decrees if they are suspected of violating the provisions of the Constitution of the Republic of Indonesia.

Anti-corruption policy of Ukraine in the context of war

The article examines the peculiarities of national anti-corruption policy in the light of European integration processes, civil society development and full-scale war.
 It is noted that the negative impact of corruption is additionally manifested in the decline of the authority of the country, state authorities, moral values ​in society, it causes the penetration of a criminal component into state-management and social relations, as well as undermines the economic and political foundations of the state, blocks the inflow of foreign investments, which leads to shadowing of the economy.
 The concept of the index of perception of corruption and anti-corruption policy, its normative basis and institutional support are characterized. Comprehensive approaches to the development and implementation of changes to reduce the level of corruption in certain spheres of the state's life have been analyzed. The key shortcomings of the modern anti-corruption policy are outlined.It is substantiated that the important conditions for preserving the sovereignty of the state and restoring its territorial integrity are the proper armed repulsion of the invaders' encroachments, the provision of socio-economic foundations and political stability in the country. In these conditions, combating corruption continues to be a priority area of ​state policy and requires the state leadership to implement further radical anti-corruption measures in the state administration system. It has been proven that, along with repelling military aggression, the fight against corruption should be an equally urgent priority for all state authorities todayIt is emphasized that the issue of preventing and countering corruption, the formation of anti-corruption state policy does not lose its relevance neither during martial law nor in the post-war period. It was noted that Ukraine shows significant changes in this regard, despite the fact that almost all the resources of the state and society are now directed to the protection against unprovoked military aggression of the Russian Federation.Ways of improving the methodology of development and implementation of anti-corruption policy, taking into account the corruption perception index, are proposed.

Tantangan dan Prospek : Implementasi Prinsip-Prinsip Demokrasi dalam Hukum Tata Negara Indonesia

This journal discusses the implementation of democratic principles in the context of Indonesian constitutional law. This study aims to analyze the challenges and prospects in implementing democratic principles in the Indonesian state administration system. The research methods used include literature studies, analysis of laws and regulations, and field research. Based on the research results, it was found that the implementation of democratic principles in Indonesia is faced with various challenges, including conflicts of political interests, corruption, weak public participation, and fulfillment of human rights. However, there are also positive prospects for the implementation of democratic principles, such as legal reform efforts, increasing public awareness, and the active involvement of civil society organizations. This research provides policy recommendations to improve the implementation of democratic principles in Indonesian constitutional law, including strengthening transparency, accountability, public participation, and protection of human rights. Keywords: implementation, democratic principles, constitutional law, challenges, prospects, Indonesia.

Constitutional Design of State Policy as Guidelines on Indonesia’s Presidential System Development Plan

After the 1945 Constitution amendment, there is a need to improve and rearrange Indonesia’s state administration system. That the State Policy Guidelines (GBHN), as a product of the People’s Consultative Assembly (MPR) Decree, is annulled has the national development planning and process lost their direction and had unclear goals. Therefore, this research elaborated further on the necessity of realizing state policy’s main points as guidance for development planning and offering ideas for the format of the presidential system design regulation following the Indonesia’s post-reform constitution. This conceptual research used a comparative constitutional approach to find an appropriate and applicable model in Indonesia context. The existing models were explored, mapped, and formulated for the most feasible model suitable for Indonesia. This study found the need for the 1945 Constitution amendment agenda to accommodate state direction as the Directive Principles of State Policy (DPSP) concept in the 1945 Constitution of Republic of Indonesia, and for President and the Constitutional Court to support the accountability and enforcement of state laws in governmental administration.

Legal foundations of the organization as a process and function in the state administration system

The article defines that state management determines the management of society in order to realize legal and social goals. It is shown that the goals of state administration are formed by the political system and implemented by the state mechanism. It is determined that public administration is a purposeful organizational and regulatory influence of the state on the condition of development of social processes, consciousness, behaviours and activities of citizens with the aim of achieving the goals and implementation of the functions of the state, reflected in the Constitution and legislative acts.It is emphasized that the newly created system of state administration has not yet got rid of the past; it functions according to outdated management traditions, does not correspond to Ukraine’s strategic course for European integration and European principles of governance, is ineffective, generates a shadow economy and corruption. It is internally contradictory, excessively centralized, closed off from society and, for the most part, does not satisfy the needs of the citizens of Ukraine.The article identifies specific features of state administration that allow a better understanding of its content and essence.It is shown that the construction of the organizational structure of state administration is represented by the placement and interaction of its elements, vertical and horizontal connections. The form of connections is formed under the influence of both external and internal objective and subjective conditions and factors, namely: the constitutionally determined form of the state; constitutionally defined functions of the state, as well as the goals and functions of state administration; democracy and style of public administration; state policy; condition and placement of management facilities; competence of management personnel; provision of information of state administration.Organizational forms of implementation of the organizational function of state administration are one of the forms of management activity of state authorities, local self-government bodies, their officials. They are mandatory components of state management activities, as they determine how management decisions should be made, adopted for the organization of the system of state management.

Розвиток державного аудиту в Україні

Ukraine, like most countries of the world, constantly faces the problems of corruption, lack of effective governance and lack of transparency in the activities of state structures. State audit is an important tool to identify violations of the law and the risks associated with the negligence of officials and the lack of efficiency of the state administration system. The purpose of the work is to study and analyze the process of development of the state audit system in Ukraine, to identify the factors affecting its effectiveness and to consider the possibilities for further improvement of this system. The object of the study is the system of state audit in Ukraine, which includes the legal framework, state audit bodies and procedures for conducting state audit. The system of public audit in Ukraine has evolved over the past 30 years in accordance with changes in the economic, social and political spheres of the country. The first steps to create a state audit system were taken in 1991, when Ukraine became an independent state.

Decentralisation, Local Governance and Nation Building in Nigeria

The paper examines the logic of decentralization and local governance in Nigeria with a hint on its constitutionality and contributions to nation building. Emerging facts reveals that Nigeria operates a centralized and decentralized system of governance and state administration. This is confirmed by its federal nature, division of state administration into federal, state and local government, state power into exclusive (federal), concurrent (federal and state) and residual powers (local government), and the allocation and distribution of fiscal responsibilities and benefits along vertical and horizontal lines by the Fiscal Responsibility Act 2007 and the 1999 constitution. Data generated from the Federal Responsibility Act 2007 shows that the federal government gets 52.68%, the 36 state governments get 26.72% and the 774 local government councils get 20.60% fund allocation from the pool of distributive resources domiciled in the Consolidated Federal Revenue Account of Nigeria. Analytical evidences are also drawn from other secondary sources of information to confirm the abuse of the tenets of political and administrative decentralization through the instrumentality of the State-Joint-Local Government Account and the Caretaker Committee System. The dialectics of undue political interference in the management of local government affairs by the state government and the use of the Caretaker Committee system as a governing structure at the local government level reveals the threat it poses to leadership development, liberal democratic growth, local governance and nation building. These conclusively undermine the tenets of true federalism, decentralization, local government autonomy and the statutory powers and authority of elected local government councils to initiate and manage local development visions and initiatives. The need to place a balance between avoidable political control and local government autonomy as pathways to promoting genuine decentralization, participatory local governance and grass root development is strongly advocated.

STUDY OF THE EXPERIENCE OF DIGITAL TRANSFORMATION OF EDUCATION WITHIN THE EUROPEAN UNION

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: digitalization, educational environment, digital technologies, education system, digital competence, digital skills, digital education, digital transformation.