{"id":21768,"date":"2023-09-18T08:59:34","date_gmt":"2023-09-18T01:59:34","guid":{"rendered":"https:\/\/law.ugm.ac.id\/?p=21768"},"modified":"2023-09-19T08:59:18","modified_gmt":"2023-09-19T01:59:18","slug":"fh-ugm-dan-dpd-ri-diskusikan-uu-administrasi-pemerintahan","status":"publish","type":"post","link":"https:\/\/law.ugm.ac.id\/en\/fh-ugm-dan-dpd-ri-diskusikan-uu-administrasi-pemerintahan\/","title":{"rendered":"UGM Faculty of Law and the Regional Representative Council of the Republic of Indonesia Discuss the Government Administration Law"},"content":{"rendered":"

The Regional Representative Council of the Republic of Indonesia (DPD RI) held a Focus Group Discussion (FGD) on the theme \u201cEmpirical Study on the Monitoring and Review of Law No. 30 of 2014 on Government Administration\u201d on Friday (September 8, 2023) in Room 3.1.3 of the UGM Faculty of Law. This event, held in collaboration with the Department of Administrative Law at the UGM Faculty of Law, aligns with Sustainable Development Goal (SDG) 16: peace, justice, and strong institutions.<\/p>\n

The FGD opened with remarks from Sri Wahyuni, S.E., Head of the Secretariat of the Legislative Drafting Committee. In her remarks, Sri Wahyuni expressed her hope that the FGD would proceed smoothly and yield positive outcomes, particularly to improve the implementation of the Government Administration Law (UU AP), which was the main topic of discussion. The event then continued with remarks from the Associate Dean for Research, Community Service, and Information Systems at the UGM Faculty of Law, Dr. Heribertus Jaka Triyana, S.H., LL.M., M.A. In his remarks, Jaka Triyana highly commended the collaboration between the Regional Representative Council (DPD) of the Republic of Indonesia and the UGM Faculty of Law through the organization of this FGD.<\/p>\n

The opening discussion between the speakers and FGD participants was led by Virga Dwi Efendi, S.H., LL.M., who served as moderator. The discussion began with an introductory presentation by the first speaker, Dr. Richo Andi Wibowo, S.H., LL.M., Ph.D., Head of the Department of Administrative Law at the Faculty of Law, UGM. In his presentation, Richo Andi strongly emphasized the fundamental errors in interpreting certain terms included in the articles of the aforementioned law, both in the original provisions of the AP Law and in the provisions following the enactment of the Job Creation Law (CK Law). Based on an analysis of the substance of the AP Act, Richo Andi explained that there is a disharmony between legal concepts\u2014particularly those of administrative law\u2014and the wording enshrined in the provisions of the AP Act. The fundamental errors in the AP Act range from minor to substantive in nature. For example, the AP Law appears unable to distinguish between \u201cjudicial proceedings\u201d and \u201ccourts,\u201d as seen in Article 1, point 18 (\u201cA court is a State Administrative Court\u201d). This becomes problematic when a dispute must be resolved in the High Court of State Administrative Affairs.<\/p>\n

Furthermore, Richo Andi explained the problematic regulatory concept regarding the use of the term \u201cabuse of authority\u201d in Article 17 of the AP Law. The term \u201cabuse of authority\u201d\u2014which, in legal scholarship, is classified as a serious offense\u2014is categorized into three sub-parameters (exceeding authority, commingling of authority, and acting arbitrarily), each with varying degrees of severity. The term \u201cconfusion of authority\u201d is also considered problematic, as the corresponding Western terminology is \u201cmisuse of power\u201d\u2014that is, the exercise of authority for a purpose different from the intended purpose for which the authority was granted. Thus, the exercise of authority is inherently deemed improper if it is carried out \u201cdifferently,\u201d regardless of whether that authority is based on a single normative source or multiple, \u201cintermingled\u201d sources. Richo also examined the problem of the application of positive fiction resulting from the CK Law.<\/p>\n

The discussion continued with the second presentation by Dr. Yance Arizona, S.H., M.A., as Chair of the Center for the Study of Democracy, the Constitution, and Human Rights at the Faculty of Law, UGM. In his presentation, Yance Arizona addressed key issues central to the substance of the Administrative Procedure Law (AP Law), namely Discretion, Conflicts of Interest, and the Fictitious-Positive Principle\u2014all of which are components targeted for reform through this AP Law. According to Yance Arizona, one of the fundamental problems with the Administrative Government Law is the lack of a clear statement or definition regarding whether a decision or action taken by the government constitutes an exercise of discretion. In practice, provisions regarding discretion in the Administrative Government Law are often disregarded by government officials when formulating policies and taking actions of a discretionary nature. The revision of the Administrative Government Law must be aligned with other laws, particularly the Civil Service Law (UU ASN) and the Administrative Court Law (UU PTUN).<\/p>\n

To provide an empirical perspective, this FGD also featured the Head of the Indonesian Ombudsman\u2019s Representative Office for the Special Region of Yogyakarta, Budhi Masturi, S.H., M.Sc. According to Budhi Masturi, the Indonesian Ombudsman\u2019s Regional Office for the Special Region of Yogyakarta identified several instances of non-compliance by certain regional heads with BPASN decisions regarding the mechanism for dismissing civil servants; such conditions constitute deviations from the norms set forth in the Civil Service Law concerning the discretionary authority of administrative officials\u2014in this case, regional heads.<\/p>\n

In the concluding discussion, Pradhikna Yunik Nurhayati, S.I.P., MPA., a lecturer in Public Policy Management at the Faculty of Social and Political Sciences, UGM, presented material on the relationship between the provisions of the AP Law and the fundamentals of ethics and accountability in the public sector regarding the administration of government. In future revisions to the AP Law, the concepts of ethics and accountability of the government as the administrator of public affairs must be reflected in the wording of the law\u2019s articles. Pradhikna emphasized that discretionary decisions or actions by the government, as regulated in the AP Law, should prioritize the public interest, be accountable, and, of course, comply with established procedures.<\/p>\n

At the conclusion of the FGD, the moderator noted that this session could serve as the first step toward organizing similar FGDs, as discussions regarding the AP Law cannot reasonably be concluded in just one day. The moderator also noted that this discussion would yield valuable insights and input for the government (in this case, the DPD RI) to refine and re-evaluate the wording of the articles in Law No. 30 of 2014 on Government Administration (Government Administration Law).<\/p>\n

\"\" \"\"<\/p>\n

\"\"<\/p>\n

Author: Department of Administrative Law
\nEditor: Public Relations<\/p>","protected":false},"excerpt":{"rendered":"

Dewan Perwakilan Daerah RI (DPD RI) selenggarakan Focus Group Discussion (FGD) dengan tema \u201cStudi Empirik Pemantauan dan Peninjauan Terhadap Undang-Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan\u201d pada Jumat (8\/9\/2023) di Ruang 3.1.3 Fakultas Hukum UGM. Kegiatan yang bekerja sama dengan Departemen Hukum Administrasi Negara Fakultas Hukum UGM ini sesuai dengan Tujuan Pembangunan Berkelanjutan atau […]<\/p>\n","protected":false},"author":95,"featured_media":21815,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28,210],"tags":[],"class_list":["post-21768","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-berita","category-berita-hukum-administrasi-negara"],"_links":{"self":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/21768","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/comments?post=21768"}],"version-history":[{"count":3,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/21768\/revisions"}],"predecessor-version":[{"id":21775,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/21768\/revisions\/21775"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media\/21815"}],"wp:attachment":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media?parent=21768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/categories?post=21768"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/tags?post=21768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}