Get to know the definition of state administrative law

Lovata Andrean

Get to know the definition of state administrative law

Rancakmedia.com – Come on, let's get to know the definition of state administrative law and its history and functions. For more complete information, please see the article we have provided below.

What exactly is state administrative law? What is the role of state administrative law? The reach of state administrative law is what we are here to find out. What matters are regulated in the State Administrative Law?

What are the benefits of a state with state administrative law? Why is state administrative law called "special law"? What is the relationship between State Administrative Law and Constitutional Law?

This time, we will discuss everything there is to know about state administrative law, including its definition, objectives, origins, guiding principles, application, and illustrative cases.

History of State Administrative Law

In the Netherlands, Staats en Administratiefrecht combines the history of State Administrative Law (HAN), State Administrative Law (HTUN), and Government Law (HTP). Mr Vegting was appointed as a professor teaching Constitutional Law courses at the University of Amsterdam in 1946, after the Public Administration course was separated from the Constitutional Law course.

In 1948, Kranenburg's idea that State Administrative Law should be separated from Constitutional Law became standard practice at Leiden University. In Indonesia before the second world war at the Rechtshogeschool in Jakarta it was given in one course in Staats en administratiefrecht given by Mr. Logemann until 1941.

It was only in 1946 at the University of Indonesia in Jakarta that State Administrative Law and Constitutional Law were given separately. Faculty members, Professor Resink and Tuan Putri, each spoke about different aspects of constitutional law and constitutional law.

Based on the explanation above, State Administrative Law is a very broad science and continues to develop following the needs of the state/society, so that the area studied is very large and diverse as well as government interference in people's lives.

Understanding State Administrative Law

State Administrative Law (HAN) which regulates government actions and interactions with society and between government agencies is known as State Administrative Law (SALU). The administrative law of this country has all the rules about how government agencies carry out their work.

In essence, this law sets guidelines for how various government agencies and departments carry out their duties. State Administrative Law is a collection of regulations that enable state administrators to carry out their duties. It also protects the people from the actions of state administration and state administration itself.

State administrative law is a field of law that focuses on how a country's government functions. United States administrative law is often referred to as state administrative law or simply as “administrative law.” State administrative law can also be considered as legal regulations that regulate administration in a country, where the relationship between the people and their government can function effectively and safely.

In short, state administrative law is a set of rules that govern how the state machinery organizes itself in pursuit of stated goals. State administrative law is very important for a nation because the establishment of state administrative law allows state administrators to carry out their duties and protect them from wrongdoing according to the law.

As a result of its compelling ability to provide additional law, state administrative law is sometimes known as special law. Constitutional law and constitutional law cannot be separated because they both relate to the government.

Constitutional Law is a type of law that regulates how state institutions are created at the central and regional levels. State Administrative Law, on the other hand, is a type of law that controls how state institutions carry out their duties.

Apart from that, Constitutional Law also functions to provide authority to established state institutions, and State Administrative Law will regulate the relationship between these institutions and citizens, so it can be said that before studying State Administrative Law it is necessary to study Constitutional Law first. .

Functions of State Administrative Law

The main function of state administrative law is to:

  1. Helping achieve the goals of national life.
  2. As a builder of national unity.
  3. Keeping government instruments on track.

Sources of State Administrative Law

As a rule, the following are the main sources of state administrative law:

Sources of Material Law

Material legal sources are legal sources that determine the substance of the rule of law. Societal events are the source of these material laws, and it is these events that can influence and even determine human viewpoints.

This is an important consideration in drafting a law. There are 3 (three) categories of material legal sources, including:

Historical Legal Sources

As a source of legal recognition for a certain period of time, historical legal sources include statutory regulations, judges' decisions, publications by legal experts, as well as non-juridical works as long as they contain notifications about legal institutions.

As a source from which legislators receive materials or ingredients in the formulation of legislative regulations, historical legal sources include previous legal systems that have been in effect in certain areas, such as the Roman legal system, the French legal system, and others. Also, papers and certifications are required by law at certain times and places.

Sources of Sociological Law

These social elements influence the substance of positive law, which means that certain legal regulations describe the reality of social law. It is important to consider the current state of the economy, social relations, political developments, as well as foreign events, while enacting these types of laws and regulations.

Because the factors that influence the content of these regulations are so complex, experts from various fields, as well as legal experts, are needed to create the regulations.

Philosophical Sources of Law

The philosophical meaning of the origin of law is what gives birth to just law and the law of legal responsibility. Theocratic (from God), natural law (from human reason), and the historical school are all theories about where the legal material comes from, according to Sudikno Mertokusumo (legal consciousness).

As a rule of behavior, law must include positive values ​​for society such as morality (belief), truth, justice and welfare, in accordance with the philosophical basis of law.

Sources of Formal Law

It is possible to categorize legal sources as formal or informal, depending on the legal formalization. To be widely accepted, a rule must be given a form that the government can defend.

State administrative law in the formal sense includes statutory regulations, constitutional practices, or unwritten law, jurisprudence and doctrine. In constitutional law, law is the most important source of law.

Principles of State Administrative Law

The following are the principles of state administrative law, including:

Principle of Jurisdiction

The principle of jurisdiction (rechtmatingheid), namely that every action of a state administration official must not violate the law (must be in accordance with a sense of justice and propriety).

Principle of Legality

The principle of legality (wetmatingheid) is a principle which states that every action of a state administration official must exist
legal basis (there are basic regulations underlying it). Moreover, Indonesia is a country of law, so the principle of legality is the most important thing in every government action.

Discretion Principle

The principle of discretion is the principle of freedom of a state administrative official to make decisions based on his or her own opinion but not in conflict with legal matters.

Scope of State Administrative Law

Prajudi Atmosudirdjo claims that administrative law in the state has six different areas of application, including:

  1. Laws concerning the basics and general principles of administration
    deny
  2. Law on state organizations
  3. Laws regarding the activities of state administration, especially those
    juridical
  4. Laws concerning the means of state administration especially
    regarding state personnel and finance country.

Regional and Territorial government administrative law, which is divided into:

  1. Personnel Administration Law
  2. Financial Administration Law
  3. Material Administrative Law
  4. State Company Administration Law
  5. Law on State Administrative Justice

Examples of State Administrative Law

State administrative law can be demonstrated in the example below.

  1. There was a cabinet reshuffling carried out by the President.
  2. Rules for providing services to the community.
  3. Rules regarding the formation of government bodies and commissions.

Conclusion

Administrative law deny regulates how a country's government functions. This is important for a country because it allows the state administration to carry out its duties and protects it from mistakes.

State Administrative Law (SALU) regulates government actions and interactions with society. It also protects the people from the actions of state administration.

Getting to know State Administrative Law can also be considered as legal regulations that regulate the administration of a country where the relationship between the people and the government can function effectively.

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Lovata Andrean

Hi, I'm Lovata, I'm not Ai but I am a content writer for SEO, Technology, Finance, Travel, Cooking Recipes and others. I hope this can be useful for all my friends. Thanks