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Journal : Journal of Humanities and Social Studies

JURISPRUDENCE POSITION IN THE COMMON AND CIVIL LAWS Edi Rohaedi
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 2, No 2 (2018): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (71.373 KB) | DOI: 10.33751/jhss.v2i2.950

Abstract

The development of jurisprudence continues to grow in accordance with the existing laws in the society which it is not the same as the law in legal development. It is not related to the rigid nature of the law which only regulates the general nature and the process of its formation takes a long time. In practice, the development of jurisprudence, as one of the sources of formal law, can be distinguished into two legal systems affecting the legal world. They are namely the Continental European legal system with its Civil Law System which prioritizes "codification" in the field of law and the Anglo Saxon law with its Common Law System, which is famous for the "Precedent" system binding the judges to follow the previous judgment in deciding the same case.
ACCOUNTABILITY OF DISCRETION ACT BY GOVERNMENT OFFICIALS IN THE PERSPECTIVE OF STATE LAW OF WELFARE Asmak Ul Hosnah; Edi Rohaedi
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 4, No 1 (2020): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.482 KB) | DOI: 10.33751/jhss.v4i1.1904

Abstract

Accountability of government officials' actions is strongly related to the exercise of government authority. In carrying out duties to realize the general welfare, the authority used by organs or government officials is based on the provisions of the laws and regulations (the principle of legality). However, it is not uncommon for the task to be carried out based on discretionary authority. The freedom of government officials to make decisions based on discretionary authority has a great potential to be abused which results in consequences from both point of view of administrative law as well as of criminal law. In the practice, there is discrepancy among law enforcers on the understanding of the principles related to the accountability of discretionary authority held by government officials.
ACCOUNTABILITY OF DISCRETION ACT BY GOVERNMENT OFFICIALS IN THE PERSPECTIVE OF STATE LAW OF WELFARE Hosnah, Asmak Ul; Rohaedi, Edi
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 4, No 1 (2020): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v4i1.1904

Abstract

Accountability of government officials' actions is strongly related to the exercise of government authority. In carrying out duties to realize the general welfare, the authority used by organs or government officials is based on the provisions of the laws and regulations (the principle of legality). However, it is not uncommon for the task to be carried out based on discretionary authority. The freedom of government officials to make decisions based on discretionary authority has a great potential to be abused which results in consequences from both point of view of administrative law as well as of criminal law. In the practice, there is discrepancy among law enforcers on the understanding of the principles related to the accountability of discretionary authority held by government officials.