The Action of Public Law by Agency or Officer State Administration that Violates the Law : State Administrative Law Perspective
Enny Agustina
Faculty of Law, Kader Bangsa University
Palembang, Indonesia
Abstract
Agency or Officer in the state administration (office of the state administration) has broad authority in conducting the affairs of government (executive). With this broad authority tend to abuse that caused harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of triad politics of the executive is politically controlled by the legislative and juridical institutions controlled by the judiciary, because the state administration officials running the executive functions that control the judiciary is legally the state administrative court. Judicial control by the state administrative court is currently under Law Number 51 Year 2009 (second amendment) and Law Number 9 Year 2004 (first change) is revising the Law Number 5 Year 1986 about the administrative court only in the case of administrative provisions (beschikking) issued by the agency or official of the state administration alone, whereas in absolute philosophical competence the state administrative court is resolving state administrative disputes in a broad sense. Therefore, this tudy uses a type of normative research, where the data is obtained comes from the literature literature.
Keywords: Action of Public Law, official, state administrative law
Topic: Kebijakan Publik