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GENERAL PRINCIPLES OF GOOD GOVERNANCE

GENERAL PRINCIPLES OF GOOD GOVERNANCE

 

Dalam hukum administrasi memang diperdebatkan apakah terminologi governance sama dengan administration. Tinjauan aspek  Hukum Administrasi, konsep good governance berkaitan dengan aktivitas pelaksanaan  fungsi untuk menyelenggarakan kepentingan umum. Good governance berkenaan dengan penyelenggaraan 3 (tiga) tugas dasar (tugas pokok)  pemerintahan, yaitu:

  1. Menjamin keamanan setiap orang dan masyarakat (to guarantee the security of all persons and society itself);
  2. Mengelola suatu struktur yang efektif untuk sektor publik, sektor swasta dan masyarakat (to manage an effective framework for the publicsector, the private sector and civil society);
  3. Memajukan sasaran ekonomi, sosial dan bidang lainnya dengan kehendak rakyat (to promote economic, social and other aims in accordance with the wishes of the population).

Good governance mempunyai hubungan kausalitas  dengan  Hak Asasi Manusia (HAM). Berkaitan dengan hal tersebut,   negara – negara anggota Uni Eropa telah menyelenggarakan berbagai kegiatan ilmiah membahas prinsip – prinsip good governance  dikaitkan dengan Hukum Administrasi Eropa.

Kajian mengenai  Hukum Administrasi berkenaan dengan fungsi dan pendekatan dalam hukum administrasi, sangat nyata dan jelas  menunjukkan bahwa hukum administrasi pada prinsipnya berfungsi melindungi bertujuan Hak Asasi Manusia (HAM)  berkenaan dengan penggunaan kekuasaan Pemerintah dan berkenaan dengan perilaku aparat dalam melaksanakan pelayanan kepada masyarakat.

Pada dasarnya, sesuai konstitusi maka penggunaan kekuasaan pemerintah dalam menjalankan tugas dan fungsinya  berpedoman pada  asas legalitas (rechmatigheid). Dalam hal ini, pengujian segi legalitas atau segi recthmatigheid terutama merupakan fungsi judicial control hal tersebut dapat dilakukan komparasi dengan ketentuan Pasal 53 ayat 2 Undang – Undang  Nomor  5 Tahun 1986 jo. Undang – Undang  Nomor  9 Tahun 2004 dan Undang – Undang  Nomor  51 Tahun 2009.

Perilaku atau sikap tindak atau perbuatan hukum  aparat pemerintahan dalam melaksanakan fungsi pelayanan publik (public service) kepada masyarakat menggunakan parameter  dengan “norma kepatutan perilaku aparat” sesuai dengan asas – asas umum pemerintahan yang baik. Setiap perilaku pelayanan aparat pemerintahan yang tidak patut merupakan tindakan maladministrasi. Mengenai maladministrasi  diatur  dalam Undang – Undang  Nomor 37 Tahun 2008 Tentang Ombudsman Republik Indonesia. Akan tetapi, batasan pengertian/makna  (definition)  “maladministrasi”  dalam Pasal1 butir 3 adalah kurang tepat,  dengan alasan bahwa  seyogyanya  rumusan tersebut merupakan definisi maladministrasi dan bukan menguraikan  jenis – jenis atau  bentuk – bentuk maladministrasi seperti melawan hukum, melampaui wewenang, dan lain – lain.  Maladministarsi disamping melahirkan tanggung jawab  pidana seperti antara lain berkaitan dengan suap, gratifikasi, kolusi dan korupsi.

 

 

 

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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