Claim Missing Document
Check
Articles

Found 2 Documents
Search

Maladministration in the Public Service Maulida Zulia Irmajayanti; Totok Sudaryanto; Antikowati Antikowati
Journal of Contemporary Sociological Issues Vol 1 No 1 (2021): Journal of Contemporary Sociological Issues
Publisher : Advanced Studies on Socio-Economy Development

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.546 KB) | DOI: 10.19184/csi.v1i1.21507

Abstract

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.
PENYELESAIAN SENGKETA ANTAR BADAN ATAU PEJABAT TATA USAHA NEGARA DI PERADILAN TATA USAHA NEGARA A’an Efendi; Totok Sudaryanto
Kajian Hukum Vol 3, No 1 (2018): Mei
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (799.284 KB)

Abstract

Based on administrative court act, the administrative court is only authorized to hear administrative dispute between individuals or private legal entities against government bodies or official not covering administrative disputes between government bodies or official. Settlement of disputes between agencies or government officials carried out internally with a tierred pattern that ends with the President’s decision. Three reasons for the basis of the idea of providing administrative court competencies to try disputes between government agencies or officials. First, the case law of administrative court in administrative cases between government agencies or officials. Second, the philosophy of the existence of judicial power as in institution to resolve dispute that occur within a state. Third, the right of public to know the process of government management and public decision making, including in the event of a dispute and how to resolve it. This public right is based on the principle of openness and the government works in a public space according to public law. Settlement the disputes in the administrative court with the principle of open trial to the public is a manifestation of the principle of openness. The administrative court of Thailand with the competence to resolve administrative dispute between government agencies or officials can be reference for the reform of Indonesia adminsitative court competencies in the future. Keywords: dispute, government agency or official, administrative court