Jurnal Hukum IUS QUIA IUSTUM
Vol. 26 No. 3: SEPTEMBER 2019

Asas Umum Pemerintahan Yang Baik Berlandaskan Pancasila Sebagai Dasar Penggunaan Diskresi

Muhammad Aziz Zaelani (Universitas Sebelas Maret Surakarta)
I Gusti Ketut Ayu Rachmi Handayani (Universitas Sebelas Maret Surakarta)
Isharyanto Isharyanto (Universitas Sebelas Maret Surakarta)



Article Info

Publish Date
17 Feb 2020

Abstract

This study aims to answer two problems: first, classifying and describing the antinomy of discretionary regulation in Law No. 30 of 2014 concerning Government Administration; and secondly, carrying out the construction on AUPB that has been filtered with Pancasila. Antinomy is the root of the conflict between freedom and responsibility. In this paper, antinomy is used as a way of thinking to examine the legality of limiting discretion. This is a doctrinal legal research. The sources information used in the study are primary legal materials (relevant regulations and documents) to be further analysed in a qualitative manner. Conceptual, historical and comparative law approaches are used to help solve problem formulations. The results showed that first, the antinomy that is governed under Law No. 30 of 2014 is irrelevant to the rule of law principles, thus creating confusion in the praxis realm of of the government; Second, the construction of a regulation is needed to formulate AUPB based on Pancasila as the basis for regulating discretion.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...