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PERBEDAAN UNSUR-UNSUR “MENYALAHGUNAKAN KEWENANGAN” DALAM PERATURAN PERUNDANG-UNDANGAN PERADILAN ADMINISTRASI DAN PERADILAN TINDAK PIDANA KORUPSI, DAN APAKAH KONSEKUENSINYA TERHADAP PERTANGGUNGJAWABAN PIDANA KORUPSI Adriani Adnani
Ensiklopedia Social Review Vol 1, No 2 (2019): Volume 1 No 2 Juni 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i2.224

Abstract

"Abuse of authority" and "abuse of authority" is a term born of the doctrine of State Administrative Law and commonly used in the realm of law. Etymologically, the terms "abuse" and "abuse" are derived from two syllables "misuse". Misuse in the form of noun means the process, method, act of abusing; fraud, while "abuse" in the form of a verb is meant to do something that is not as it should; abuse. The term abuse / abusing in Dutch terms is known as misbruik which has similarities to the term missbrauch in German or misuse and abuse in English terms whose meaning is always associated with a negative thing which is abuse. So between the terms "abuse" and "abusing" there is no difference, "abuse" refers to the process, method, actions, while "abusing" refers to the action or implementation.
REFORMASI ADMINISTRASI MENUJU PUBLIC SERVICE DALAM SEKTOR PENDIDIKAN, KESEHATAN, DAN EKONOMI MASYARAKAT PADA PEMERINTAH DAERAH Adriani Adnani
Ensiklopedia Social Review Vol 3, No 3 (2021): Volume 3 No 3 Oktober 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v3i3.993

Abstract

The role and character of state institutions and the public sector are more directed to be oriented towards the community. This condition initially occurred in various developed countries, which then spread to developing countries. Of course, many factors caused this to happen, such as the economic and financial crisis of the state. Public administration reform towards public service is important enough to get attention and treatment as soon as possible. The dynamics of society as a social force cannot be ignored in the system of control and public accountability, both in service delivery and in the implementation of development. The purpose of this study is to find out the New Public Service paradigm as a new concept in administrative reform in the education, health and economic sectors of the local government. The results of the study indicate that public services in the education, health, and economic sectors of today's society are facing a trend towards the development of regional governance as a result of globalization and regional autonomy. In the management of local government, a change and renewal is needed so that the government can always accommodate the needs of change in society and enable public administration to reorganize people's lives. One of the trends in the need for public bureaucracy to reform is that local government bureaucracies must be more open in relation to the public interest. In other words, the local government bureaucracy can become more flexible so that it can more easily adapt to changing circumstances. With the administrative reform towards public service, it is hoped that it can encourage the realization of good governance, improve performance and improve unhealthy administrative practices.
PENYIMPANGAN KEKUASAAN PADA PEJABAT PUBLIK DAPAT BERUPA PENYALAHGUNAAN WEWENANG YANG DIKATEGORIKAN SEBAGAI TINDAK PIDANA KORUPSI Adriani Adnani
Ensiklopedia Social Review Vol 1, No 1 (2019): Volume 1 No 1 Februari 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i1.219

Abstract

Power deviation in public officials can be in the form of abuse of authority which is categorized as a criminal act of corruption as can be seen in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 concerning Eradication of Corruption Crimes. These two articles regulate the misuse of authority by someone who has a position or position where the result of his actions is detrimental to the state's finances. Especially after the establishment of Law Number 30 of 2014 concerning Government Administration wherein Article 87 letter a stated that government factual actions as part of the meaning of state administrative decisions (KTUN) and Article 85 which states the existence of a transfer of settlement of government administrative disputes from public courts to administrative court. The provisions of Article 85 and Article 87 letter a above, are actually still vague (absurd norms) because there is no authentic explanation of the conception of factual action as the new meaning of the KTUN in Article 87 letter a, even though the two types of government actions are different in terms of administrative law the resolution of government administrative disputes from the general court to the Administrative Court is not stated clearly and clearly what type of dispute is transferred as referred to in the provisions of Article 85 of the AP Law.
PENDIDIKAN TEORI TENTANG PENEMUAN HUKUM DAN PENCIPTAAN HUKUM BAGI MAHASISWA ILMU HUKUM DAN ILMU SOSIAL Adriani Adnani
Ensiklopedia Education Review Vol 1, No 1 (2019): Volume 1 No.1 April 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v1i1.217

Abstract

Students of law and social sciences should not be contradicted between legal discovery and law creation because both of them use logic to find legal conclusions in concreto. The creation of law (rechtsschepping) is carried out through legal discovery by using certain methods in the form of analogies, argumentum a contrario, and legal refinement (vervijning); whereas legal discovery (rechtsvinding) is carried out by interpretation method. The use of the method of discovering the law and the creation of law is expected to produce a court ruling that has authoritative value. So that court decisions can be the primary legal material in legal research.