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KONSEP MALADMINISTRASI

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KONSEP MALADMINISTRASI

 

Sampai saat ini, tidak seorangpun dapat mengemukakan rumusan definitif mengenai pengertian  MALADMINISTRASI dengan tepat, sebagaimana dinyatakan oleh Sir Edmun Compton (the first British Parliamentary commissioner  for administration or ombudsman).

Nobody can define maladministration in plain terms. It may be difficult to difine, but most of us believe that we could recognise an example of it, if we saw it. We can describe it by examples. We know what it is, but we are quite ready to admit  that we might find ourselves in disagreement with other people about whether or not a particular case was an example of maladministration. We would admit also that there might be a vague and uncertain boundary surrounding the areas of maladministration (KC WHEARE, 1973, halaman 6) ~   Tidak seorangpun dapat mendefinisikan maladministrasi dengan jelas. Hal itu sangat sulit, kita dapat mengakui hal tersebut pada suatu contoh yang terlihat. Kita tahu apa maladministrasi, namun juga mengakui bahwa mungkin menemukan perbedaan – perbedaan dengan orang – orang lain tentang ada tidaknya maladministrasi. Lingkup maladministrasi sangat kabur dan tidak pasti).

Konsep MALADMINISTRASI  pertama kali diintrodusir tahun 1967, ketika pemerintah Inggris membentuk Parliamentary Commission for Adminstration (the Ombudsman). Maladministrasi dikaitkan dengan tindakan menyimpang dari aparat; yang tidak mengindahkan atau mengikuti norma – norma perilaku yang baik. The Commission menyatakan: bad decisions are bad administration and bad administration is maladministration …. bad decision goes the bad rule, fallacy statutory regulation. (Sir William Wade, 2000, halaman 97).

Kasus maladministrasi yang sangat menarik dijumpai misalnya tentang pencabutan izin – izin televisi (revocation of television licenses) tahun 1975. Departemen Dalam Negeri mencabut izin – izin tersebut sebelum habis masa berlakunya (before their current licenses expired), supaya memperbaharui izin – izin tersebut, dan mereka menyebut yang dilakukan adalah legally, dan sebelumnya menaikkan uang yang harus dibayar. Banyak keluhan diajukan tentang hal itu dan setelah diadakan pemeriksaan yang serius, kantor pemerintah dalam negeri tidak memberikan suatu public proper warning, bahkan mengatakan hal itu adalah illogically, dan mengulangi hal yang sama dengan mencabut 36.000 licenses (Pidato Orasi, 2007).

Menelaah arti kata maladministrasi,  berasal dari bahasa latin “malum” yang artinya jahat (jelek). Istilah administrasi sendiri dari bahasa latin “administrare” yang berarti melayani. Apabila dipadukan kedua istilah tersebut berarti “pelayanan yang jelek”, sedangkan pelayanan itu dilakukan oleh pejabat publik (Philipus M. Hadjon, 2004, halaman 6 – 7). Sedangkan K.C. Wheare mengemukakan maladministrasi sebagai berikut: “Maladministration may be described as, administrative action (or inaction) based on or influenced by improper considerations or conduct”.

I. Sykes mengemukakan maladministrasi sebagai: “The most appropriate general description is that his work is directed at the correction of case of maladministration a term which has been described as including bias, neglect, delay, inattention, incompetence, ineptidute, perversity, turpitude, and arbitrariness”.

 

 

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About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik
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