Definition of State Administrative Law – Hello, Readers friends , did you know? Since the shift in the paradigm of the night watchman or what is commonly referred to in the literature as nachtwakerstaa t or watch state, there has been a fundamental shift marked by a change in the function of the government, namely that which was originally only tasked with internal security became the manager of citizen welfare (bestuurzorg ).
This change in the function of the state inevitably has to enter into the privacy of its citizens who are guarded all night by the state as if they were excluded from the reach of the state. The state imposes an administrative system to support all government activities and to create the welfare of its citizens.
The introduction of state administrative bodies into the private life of citizens is to carry out the above functions of bestuurzorg . This of course requires a tool that provides a legal basis for the state to implement it. This instrument serves as a basis for justifying public action to regulate private matters. Of course, this is a form of the State Administrative Law (HAN) system.
Before discussing the notion of state administration law, it should be noted that the Han idiom comes from two words, namely “law” and “state administration”. In order to fully understand the meaning of state administrative law, it is very necessary to understand each of these statements.
Then the two join forces to gain a full understanding of State Administrative Law. There are many interpretations of the concept of rights in the literature, but in principle some are narrow and some are broad. It’s up to the point of view of the expert who interprets it.
Definition of Law
There are many interpretations of the notion of law in the literature, but in principle some are narrow and some are broad. This depends on the point of view of the expert who interprets it.
One of the opinions regarding the definition of law was put forward by JCT Simorangkir, SH and Woerjono Sastropranoto, SH , as follows
Law is a coercive regulation that regulates human behavior in a social environment made by government agencies and authorized agencies, and violations of these regulations will result in the implementation of actions, especially by certain laws.
Meanwhile, a similar opinion was also expressed by HM Tirtaatmidjaja, SH . The law is all the rules of life, which are obliged to pay compensation if they violate the law if they endanger themselves or someone’s property, such as people losing their independence, being fined, and so on.
Law is a set of rules made by the ruler or government and must be followed by all elements of society. Laws are made to determine human behavior in association with society. If there is a violation of the law will result in sanctions for those who violate it.
There are similarities between several legal definitions given by jurists, namely law is associated with orders and prohibitions towards social order. However, in a narrow legal sense, these provisions and prohibitions are simplified into a set of written regulations formed by the state to regulate its citizens in order to create social order.
In a broader legal sense, law is understood not only as a set of written rules, but as all rules, whether written or not, promulgated by the state or not, actions, signs, and all forms whose ultimate goal is to create social order in society. In short, law is no longer the form that was understood until now, but only a set of rules, which must be understood as all aspects related to public order.
Law is understood as a social system that creates an orderly society. This includes not only the rules, but also all the practices and culture of a society that regards law as a value that must be followed.
Definition of State Administration
Modern state life which tends to meet the needs of the people, especially in the field of public welfare services, requires tools to carry out its functions. The instrument used by the state to manage the state in meeting the welfare needs of society is state administration.
This tool aims to regulate all aspects of state life through the bureaucracy, administration, preparation, implementation and supervision of all government actions so that the government system is stable, well defined and measurable. Scalable and stable are needed to be able to achieve the desired results of government activities with measurable quality and quantity, such as the original design of the government business planning process.
For example, in the problem of designing education services, the government must adjust the population problem. For this reason, it is necessary to handle registration and registration of residents. The state then determines the terms and methods of registration and residence registration.
The final result will be available data about the country’s population. To ensure the data is always up to date, the state updates the data through a census and mandates that KTPs must be renewed every 5 years.
Based on these data, the state will determine the need for education services, both the quantity and quality of educational facilities and infrastructure that must be provided. From the illustration above, it can be said that the purpose of public administration is to assist and support the government in implementing policies for the benefit of the people.
This is in accordance with the view of Leonard D. White who stated that state administration is all state activities that aim to carry out and carry out state policies (public administration consists of … all those operations having for the purpose the fulfillment and enforcement of public policy) .
Prajudi Atmosudirdjo views state administration according to its broader functions, namely the implementation and implementation of will (strategy, policies) and government decisions in practice (implementation and implementation) of regulations.
Of course the state administration system, like most other systems, has limitations in achieving its goals, because every country has limitations in several ways. Therefore, the state administration system must be able to determine the main goals to be achieved within the limits that are possible.
Definition of State Administrative Law
State Administrative Law (HAN) is a branch of law that studies the administrative activities of a country.
Regarding this understanding, several experts in particular have their own views on the notion of state administrative law. Below is the definition of state administrative law according to experts.
Oppenheim defines state administrative law as a set of provisions that bind an agency, whether superior or subordinate, whether the agency exercises the authority given to it by constitutional law or not.
JHP Bellefroid points out that state administrative law or government law is a set of rules regarding how the state apparatus and its organs, as well as special judicial assemblies, function in court.
De La Bascecour Caan explains that state administrative law is a certain set of rules that cause the state to act or react. The regulation in question regulates the relationship between citizens and their government.
E Utrecht defines state administrative law or government law as a law which takes into account certain legal relations which, when enforced, will enable public administration officials to carry out specific governmental tasks.
Prajudi Atmosudirdjo formulates state administrative law as a law regarding the implementation and control of governmental power or supervision of government agencies.
State Administrative Law Functions
In general, according to Budiono , the function of law is to bring about social order and justice. Public order is a condition related to the realization of human life as a common life. Common order implies a generally accepted order with the minimum decency necessary for common life not to degenerate into anarchy.
According to Sjachran Basah , there are 5 (five) legal functions related to human life, namely:
- Directives, namely guidelines in coaching to form a society that achieves the goal of living as a state in accordance with the goals;
- Integration, especially as a builder of national unity;
- Stability, namely as a maintainer, consists of the results of developing and maintaining harmony, harmony and balance in the life of the state and society.
- Perfective, namely completing the actions of state administration and the attitude of citizens in the life of the state and society.
- Corrective, namely both citizens and state administrators to achieve justice.
Specifically, the function of State Administrative Law proposed by Philipus M. Hadjon includes 3 (three) functions, namely:
- Normative Function;
- Instrumental Function; And
- Guarantee Function.
These three functions are interdependent, in this case the normative function concerning the standardization of managerial power is clearly closely related to the instrumental function of determining the tools used by the government to use regulatory power and in the end the regulations and government instruments used must ensure legal protection for the public. .
Normative Function of State Administrative Law
The establishment of the State Administrative Law is carried out in stages. Where to find the standards, we need to study and explore a series of statutory provisions. That is, we do not just find legal norms that must be implemented in laws, but in the totality of regulations and decisions of state administrative institutions that are related to one another.
In general, the State Administrative Law only covers basic or general standards, while the details are left to implementing regulations. This transfer is called terugtred or withdrawal of the legislature.
According to Sjachran Basah , the implementation of Ermessen’s freedom is morally accountable to God Almighty and legally based on upper and lower limits. Upper bounds i.e. lower level rules may not conflict with higher level rules. The lower limit is that regulations enacted or the attitude of state administration institutions (both active and passive) may not violate the basic rights and obligations of citizens.
Based on this brief explanation, it can be said that the normative function of State Administrative Law is to regulate and determine the administration of government so that it is in accordance with the legal state thinking behind it, namely the Pancasila legal state.
State Administrative Law Instrumental Function
The government in carrying out its various activities uses legal instruments such as regulations, decisions, policy regulations, and others. As already mentioned, in today’s countries, especially those that adhere to the welfare state model, empowerment of government is broadly a logical consequence, including giving the right to power to the government, creating various legal instruments as a means of administering good governance.
Function of State Administrative Law Guarantee
According to Sjachran Basah, the protection of citizens is guaranteed if the attitude of the state administration is detrimental to them. Meanwhile, the protection of state administrators is carried out based on their attitude of acting correctly and correctly in accordance with the provisions of the law, written and unwritten.
In other words, protecting state administration does not violate the law. In a Pancasila law state, protection of people’s law in an effort to prevent disputes between the government and the people, settlement of disputes between the government and the people in a deliberative and judicial way, is the last resort in efforts to resolve disputes. resolve disputes between the government and the people.
Sources of State Administrative Law
The source of law is everything that can give rise to legal rules and where the law is located. In State Administrative Law , there are 2 (two) sources of law, including:
- Source of Material Law; And
- Sources of Formal Law.
Source of Material Law
Sources of material law in State Administrative Law include factors that influence the content or substance of legal norms. These factors are:
- History or history;
- Sociological; And
History or Historical
- Laws and written legal systems that apply in the past in a place;
- Documents and correspondence and other information from the past.
The written law and the legal system that applied in the past are more important than the past documents, letters and statements because the written law and the legal system are the actual law. Whereas documents, correspondence and other information are intended only to introduce laws that were in effect in the past.
All communities and institutions exist in society. Activities that take place in the community can be used as material for making laws or in other words in accordance with the legal sentiments of the community, such as the condition and views of the community on social, economic, cultural, religious and psychological aspects.
Highlight social organizations to see what they think is right. Based on the knowledge of these social institutions, legal documents can be prepared in accordance with the realities in society. In other words, sociologically, the sources of law are the factors in society that also determine the materiality of positive law, both from an economic, religious and psychological point of view.
Actions to determine whether rules are fair and to what extent members of society follow them or why people follow them. There are two (two) important factors that can become a source of legal philosophy: Because the purpose of law is to produce justice, things that are philosophically correct are also used as a source of substantive law.
Factors that encourage people to obey the law. Because the law is made to be obeyed, all factors that can help a person to comply with the law need to be considered in formulating positive legal rules, including the factor of the power of the ruler and the legal awareness of the community.
Sources of Formal Law
Formal sources of law are material sources of law formed through a certain process so that these sources of law are accepted and respected by society. Sources of formal law are legal norms in terms of form. By letting them form through several processes, the rules will be generally accepted and binding on all members of society and respected by members of society. There are several sources of official law from State administrative law, namely:
- Customs or State Administration Practices;
- Doctrine or Opinion of experts;
Scope of State Administrative Law
In the scope of State Administrative Law , Lathif, N. et al . explained that as a whole, the scope of State Administrative Law is closely related to the duties and authorities of state institutions (central and regional), the relationship of power between state institutions and between state institutions and citizens as well as legal guarantees for both; both citizens and state institutions.
Then, if you want a more precise study, Prajudi Atmosudirdjo suggests that there are six scopes studied in State Administrative Law. The scope of State Administrative Rights is as follows:
- Law on the foundations and general principles of public administration.
- The law on state agencies.
- The law regarding the activities of the state administration, especially those that have a juridical nature.
- The law regarding the means of state administration, especially regarding state personnel and state finances.
- Administrative law of regional and regional government which is divided into: Personnel Administration Law; Financial Administration Law; Material Administration Law; and State Enterprise Administration Law
- Law on state administrative justice.
This is a review of the notion of state administration along with its functions, sources and scope.