PELAKSANAAN FUNGSI HUKUM ADMINISTRASI NEGARA DALAM MEWUJUDKAN PEMERINTAHAN YANG BAIK
Penulis : Ngazis Masturi, 2018-07-17, ISSN : 1693-7201, 8 Hal
The law of the State Administration (HAN) can be used as a juridical instrument by the government in order to regulate, service, and protect the community, on the other hand the HAN contains normative rules on how the government is run, or as Sjachran Basah says that one of the core essences of HAN is Allow state administration to perform its functions, and protect the administration of the state from committing wrongful acts under the law.
Within the rule of law, every aspect of government action both in regulatory and in-service field must be based on legislation or based on legality. This means that the government can not take government action without the authority. The provision that any action of this government should be based on the principle of legality is not fully applicable when a country embraces the concept of welfare state, as does Indonesia. In the concept of welfare state, the main task of the government is to provide services to the community.
In the general sense, the function of law is for the achievement of public order and justice. Public order is a condition that concerns the implementation of human life as a life together. The general orderly state implies a generally accepted order as a minimum of necessary necessity, so that the common life does not turn into anarchy.
Keywords: Legal Functions, State Administration and Government
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