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Journal : AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation Fauzani, Muhammad Addi
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v3i1.14970

Abstract

Prior to the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AAUPB) was abstract in nature. With the explicit mention of AAUPB in this new Administrative Law, it is intriguing to examine it from a legal and political perspective and consider its legal consequences. This article aims to analyse the form legal political shift in the regulation of AAUPB in Indonesia and the resulting legal consequences. This study is normative juridical research using a legislative approach. The findings reveal that, first, the shift in the legal politics of AAUPB in Indonesia occurred with the issuance of Law Number 30 of 2014 concerning Government Administration. The Law Number 30 of 2014 concerning Government Administration shifted the legal politics of AAUPB, as there is a normativization in the form of AAUPB regulation in the article. Secondly, the legal consequences of the shift in the legal politics of AAUPB in Indonesia are as follows: a) the status of the principle becomes a concrete legal norm; b) it facilitates courts in judging an action of administrative officials; c) it eases the control of administrative actions; d) it simplifies public control; e) it emphasises the need for supervision of official actions; f) it guarantees civil rights through the enforcement of AAUPB; g) it prevents governmental arbitrariness.
Barriers to Local Government Legal Policy in Fulfilling Social Security for Vulnerable Workers Fauzani, Muhammad Addi; Wahyuningsih, Aprillia; Rahman, Diva Febrina Nurcahyani
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v5i1.24979

Abstract

This study examines, first, the barriers of the position of the Regional Government and the character of vulnerable workers in social security for vulnerable workers. Second, to formulate legal policies that can be taken by the Regional Government in providing social security for vulnerable workers. The study uses a normative legal method and a 2 (two) model approaches consisting of a statutory approach and a conceptual approach. The results of the study conclude, first, the position of the Regional Government in social security for vulnerable workers is still regulated abstractly and partially. However, in general, based on the analysis of several regulations above, the Regional Government has the authority to organize social security for vulnerable workers. The criteria for vulnerable workers are economically and socially vulnerable, vulnerable in terms of work risks and vulnerable to job loss. The Regional Government needs to provide social security for vulnerable workers because they have double vulnerabilities. Second, the regional legal policies that can be taken in providing social security for vulnerable workers are: a) harmonizing laws and regulations both vertically and horizontally; b) determining the form of the legal policy basis and the content of the material in providing social security for vulnerable workers; c) determining the criteria for vulnerable workers and participation in employment social security; d) measuring the amount of financing needed.
The Shift in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation Fauzani, Muhammad Addi
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v31.28722

Abstract

This article aims to analyze the shift in the form of legal politics in implementing the General Principles of Good Governance (AUPB) in Indonesia, including its legal consequences. With the explicit mention of AUPB in the new Law on Government Administration, this becomes an interesting topic from a legal and political perspective. Before the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AUPB) was still abstract and unclear in its direction and implementation. This research is a normative juridical research using a statutory approach. The findings of this research reveal that the shift in the legal politics of AUPB in Indonesia through Law Number 30 of 2014 concerning Government Administration has shifted the format of legal politics in Indonesia. This shift has had a positive influence on the development of legal politics in Indonesia, including: a) making the status of principles into concrete legal norms; b) making it easier for the courts to adjudicate an action by administrative officials; c) facilitating control of administrative actions; d) simplifying public control; e) emphasizing the importance of supervision of official actions; f) guarantee civil rights; g) prevent government arbitrariness against civilians