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All Journal Deposisi: Jurnal Publikasi Ilmu Hukum Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Aprilian Nurahsan Ismail
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Asas-Asas Umum Pemerintahan yang Baik Sebagai Dasar Pejabat Pemerintah Untuk Melakukan Diskresi Aprilian Nurahsan Ismail; Taufiqurrohman Syahuri
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3772

Abstract

This study examines the concept of Freies Ermessen in government policy and how the principles of General Principles of Good Governance (GPGG) are used to establish the basis for discretionary actions. Freies Ermessen grants government officials the freedom to act without being entirely bound by law, primarily aiming to enhance public welfare. However, within the framework of a legal state, the use of discretion must meet GPGG elements such as public service objectives, active state administration actions, law-permitted actions, self-initiative, addressing urgent issues, and moral and legal accountability. This research employs normative legal methods to examine the internal aspects of positive law, focusing on how GPGG can be used as a concrete basis for public officials in exercising discretion. GPGG serves as a guideline for the government to ensure their actions align with legal purposes and avoid abuse of power. These principles also assist citizens in seeking justice and provide a basis for judges in reviewing administrative decisions. The study highlights the significance of shifting GPGG from unwritten to written law, as stipulated in Law Number 30 of 2014 on Government Administration, to facilitate officials in using these principles as guidelines. The implementation of discretion regulated by this law aims to streamline government administration, fill legal gaps, provide legal certainty, and overcome government stagnation for public benefit and interest.
Implementasi Hukum Militer dalam Penegakan Disiplin Anggota TNI di Wilayah Perbatasan Irwan Triadi; Aprilian Nurahsan Ismail
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 4 (2024): November : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i4.1534

Abstract

The application of military law in areas of high security risk presents complex challenges for field commanders. In conditions that are often unstable, such as in border areas or conflict zones, commanders must maintain troop discipline while ensuring the effective implementation of operational tasks. Taking into account the problems in this research, the research method used is a normative legal research method. Normative legal research is an activity that cites aspects originating from positive law. Normative legal research originates from applicable statutory provisions, Jurisprudence or Court Decisions, Legal Theory and Doctrine. This research was mostly carried out on secondary data in libraries. The main challenges faced include the stressed physical and mental condition of soldiers, limited resources, and persistent security threats. Field commanders need to apply military law strictly, but must also be wise in understanding the situations their soldiers face in the field. Additionally, they must make quick and sound decisions under pressure, often without adequate logistical or communications support from central command. Commanders must also consider the geopolitical impact of military actions in border areas, where any breach of discipline could affect the stability of local security as well as diplomatic relations. Therefore, adaptive leadership capabilities, deep contextual understanding, and good risk management are the keys to success in implementing military law in areas with high security risks.
Co-Authors Irwan Triadi Taufiqurrohman Syahuri