Definition of Administrative Law – Some of us may be familiar with administrative law. Moreover, for students majoring in Law or Public/State Administration. However, it is undeniable that there are still people who do not know the meaning of administrative law. This article will review the meaning of administrative law.
Definition of Law and Administration
Before discussing the meaning of administrative law, it would be better for us to understand first what the meaning of law is. So, law is a set of regulations made by the ruler or government and is coercive in nature. Laws are made to determine human behavior in association with society. If there is a violation of the law will result in sanctions for violators,
After knowing the meaning of law, then we will discuss what is the meaning of administration. Administration comes from the Latin, namely Ad Intensive and ministrare in the sense of serving, helping, and fulfilling. Administration refers to activities or efforts to help serve, direct or manage all activities to achieve a goal.
Reading a book entitled Introduction to Administrative Science by Alemina Henuk-Kacaribu, the meaning of administration can be seen from two perspectives, including:
- Administration in a narrow sense, namely as office administration activities (note taking, typing, sending, collecting, duplicating and so on). Administration in a narrow sense is an administrative activity that includes correspondence and affairs regarding administrative matters.
- Administration in a broad sense, is a process of cooperation by several individuals in an efficient way to achieve the specified goals. The definition of administration in a broad sense can be seen in the sense given by some experts as follows:
Leonard D. White defines administration as a process that is usually found in all group efforts, both large and small, private and state, or civil and military.
Meanwhile, HA Simon defines administration as the activity of a group of people who run a cooperative business with the aim of achieving a common goal.
From the opinion of some of these experts it implies that administration is a process activity, especially how the methods, the means to achieve the goals that have been determined. Administration can also be interpreted as organizing, directing human, labor, and material resources to achieve the specified goals.
Luther M. Gullick noted several administrative functions as follows:
In administrative activities, of course, a good and mature plan is needed.
As with planning, every administrative activity definitely requires organization, for example in the appointment of officers or workers.
3. Staffing (labor procurement)
Staffing is the practice of finding, assessing, evaluating and establishing working relationships with employees or workers and dismissing them when they are not needed.
Directing is interpreted as an effort to guide, provide advice and input with the aim of improving an activity that is being carried out so that tasks and obligations can be carried out.
Coordinating is understood as a process of coordinating all the interests and goals of the organization which can be united and can be synchronized with the setting of the place and time.
Reporting in this case is understood as a way to provide information on what has been done in all administrative activities as one of the responsibilities of administrative tools.
Budgeting, namely how to plan a financial budget, how much budget is needed, where is the source of financing, calculating incoming and outgoing money, and monitoring the budget issued.
In addition to functions, there are several types of administration, as follows.
1. Population Administration
Population administration is interpreted as a series of structuring and controlling activities such as population documents and data in several ways such as: population registration, civil registration, and information management, as well as utilization. The results of population administration are used for public services and development.
2. Financial Administration
Financial administration is the process of managing or implementing, providing, and using financial budgets in every cooperative effort.
3. Environmental Administration
Administration is a series of activities carried out by the government and citizens that aim to realize environmental insights and without compromising human quality with the environment.
4. State Administration
State administration is interpreted as administration related to social science and studying three important elements in the life of the state which include the legislative , judiciary and executive (government) institutions.
5. Commercial Administration
Commercial administration, namely administration with the aim of achieving commercial objectives or business profits.
6. Development Administration
Development administration, namely administration that includes the process of controlling business by the state or government in order to realize the planned growth.
7. Office Administration (Public)
Office administration is administration in the form of financial planning, billing and recording, personnel, and distribution of logistical goods in an organization.
Definition of Administrative Law
In Indonesia the term ” administrative recht ” has various meanings, such as administrative law, state administrative law, or governance law. This difference results in the use of terms that are less uniform.
In the book Introduction to Indonesian Law by Herlina Manullang, there are several definitions of state administrative law, namely:
JHP Bellafroid interprets state administrative law as the whole of the rules regarding how government apparatus and state agencies as well as special court assemblies handed over to the state administrative court.
Meanwhile, Utrecht defines state administrative law as a law that examines the special legal relationship that state administration officials carry out their special duties and obligations.
By referring to the two opinions of these figures, we can conclude that state administrative law is a law that regulates and binds the tools of state administration in order to carry out the authority that is the duty as a tool of state administration. This is done with the aim of serving citizens must pay attention to the interests and human rights of citizens.
State administrative law is very important and necessary in the framework of the implementation of state power by state administration. The existence of constitutional law plays a very important role in regulating the powers, duties and functions of the state administration, as well as limiting the powers exercised by the state administration.
The existence of state administration in the private life of citizens has the goal of carrying out the function of bestuurzorg (government duties). State administration does not only discuss actors who carry out administrative functions, but administration also includes all means, procedures and prerequisites which all seek to transform all available resources to achieve state goals.
We can conclude, state administrative law is the law that regulates the legal relationship between the government and citizens. Actions by the government that are against the law and violate the rights of citizens can lead to actions that are against the law or acts against the law.
State administrative law becomes an urgent legal arrangement in the administration of state government. State administrative law has the objective of protecting citizens from acts of state administration and protecting the implementation of state administration from arbitrary means of state administration.
The Role of State Administrative Law
The role of state administrative law is very important in order to prevent especially the abuse of authority by government officials. This is contained and mandated based on the provisions of Law Number 28 of 1999 concerning the Implementation of a State that is Clean and Free from Corruption, Collusion and Nepotism (KKN).
With the existence of a legal umbrella for administering the state, it is hoped that the state will be able to carry out its functions and duties seriously and with a sense of responsibility.
Implementation of State Administrative Law
Violations of state administrative law do not only include violations of statutory legal provisions governing the implementation of the interests and welfare of citizens who comply with public law. However, it also includes actions by officials or state administration bodies that are contrary to the general principles of government.
In addition to criminal acts of corruption, in state administrative law there are several cases that often occur.
1. Onrechtmatige Daad or unlawful act
An unlawful act is interpreted as a violation or nonconformity of a person’s actions with the applicable laws and regulations and contrary to existing customs or propriety.
2. Daad Van Willekeur
Daad Van Willekeur is interpreted as an act committed without any legal basis. This means arbitrary actions by state administration officials that can harm citizens.
3. Abuse of official power that is contrary to the general principles of good governance.
Good governance is government that has accuracy or thoroughness that requires complete and complete information data used by government officials or state administration bodies in issuing a written decision as well as the general principles of good governance.
4. The constitutional law structure
According to a detailed principle, it is included in one of the legal rules which has the same position as the legal rules based on other laws.
5. The existence of a law that is likely to have a positive side regarding the general principles of good governance
This is mainly a test tool or an indicator of the legitimacy of a written decision issued by a government administration official before the law and judicial bodies in the country or at least functions as legal jurisprudence.
6. Violation of the basis of state law
Provisions regarding the law regarding the General Principles of Good Governance become the constitution in legislation, but need socialization and regular legal review before the Supreme Court and before the Constitutional Court .
Sources of State Administrative Law
The formal legal sources of state administrative law are divided into several things, namely:
The first source of state administrative law is written law made, determined, or formed by authorized government officials which contains generally valid and binding behavior.
2. Habits or legal practices of state administration
The next source, namely the decisions issued by the state administration apparatus, is referred to as the decision of the State Administration ( beschikking ). In issuing these decisions or decrees, state administration practices emerge which will give birth to state administrative law.
Jurisprudence is understood as a judge’s decision or decision of a previous judicial body that has permanent legal force (inkrah) then is followed by other judges continuously with the same case.
4. Doctrine or expert opinion
Doctrine is an opinion or statement issued by legal experts discussing policies or issues that can convince others.
Treaty or treaty is an international agreement held by the government and used as a source of formal law.
Subject of State Administrative Law
Legal subjects are understood as anything that can obtain rights and obligations from law, either individuals or legal entities. The following are some subjects of state administrative law:
- Government employees
Scope of State Administrative Law
Prajudi Atmosudirdjo stated that there are several scopes studied in state administrative law, including:
- Law concerning the foundations and general principles of public administration
- The law regarding state organizations works.
- The law regarding the activities of the state administration, especially those that are juridical in nature
- Laws regarding the means of state administration, particularly regarding state personnel and state finances
Administrative law of regional and regional government is divided into several parts, namely:
- Personnel administration law
- Financial administration law
- Material administrative law
- State company administration law
- Law on state administrative justice