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DASAR DAN PRASARANA HUKUM ADMINISTRASI NEGARA

DASAR DAN PRASARANA HUKUM ADMINISTRASI NEGARA

 

Tiap – tiap  organisasi dalam arti keseluruhan fungsi – fungsinya mempunyai arah dan tujuan yang tertentu, apalagi organisasi masyarakat yang disebut sebagai negara  (staat, state), termasuk  fungsi pemerintahan untuk mengatur dan mengendalikan interaksi kehidupan masyarakat. Tujuan pemerintahan  menurut pendapat de Gerando (Institutes de droit administratif francis, 1829) ialah: “menetapkan hubungan timbal balik antara administrasi (atau pemerintah) dengan mereka yang diperintah (qui regissent les rapports reciproques de l’administration avec les administres)”.

Sedangkan Trolley menegaskan dalam bukunya “Cours du Droit Administratif, 1846, tujuan pemerintahan ialah “menetapkan hubungan hukum antara pemerintah sipil dengan yang diperintah (les rapports legaux de l’administration civil et les administres)”.

Menurut Kleintjes“dalam satu bentuk ketatanegaraan yang sifatnya sangat sentralistis (seperti Hindia Belanda dahulu), maksud dan tujuan pemerintahan itu baik di pusat maupun di daerah ialah untuk melaksanakan kehendak pemerintah dan, pelaksanaan peraturan perundang – undangan dilakukan oleh pegawai – pegawai yang ditunjuk oleh dan penganut kehendak pemerintahan tersebut”Hans Kelsen dalam konteks tujuan pemerintahan  berpendapat bahwa “antara bentuk organisasi pemerintahan, seperti sentralisasi dan desentralisasi dibedakan dengan bentuk pemerintahan itu sendiri (form of government), yakni dalam dua jenis yaitu otokrasi dan demokrasi. Mengenai kehendak pemerintah itu kata Kelsen, dalam bentuk pemerintahan yang demokrasi tercermin dalam tertib hukum negara (legal order of the state) dan dianggap identik dengan seluruh kehendak warga negara (subjects)”.

Sebagai perbandingan pemahaman dan paradigma lain dapat dikemukakan bahwa dalam bentuk pemerintahan yang otokrasi, kehendak warga negara tidak diikutsertakan (excluded) dalam pembentukan tata tertib hukum dan berbagai regulasi.

Basic of thinking setiap kajian Hukum Administrasi Negara  sebagai pedoman rujukan yang perlu disosialisasikan secara berkesinambungan, terus – menerus dari generasi ke generasi yaitu bahwa  dalam tertib hukum Indonesia dasar atau landasan yang sifatnya ideal dan bersifat final untuk Hukum Administrasi Negara ialah Pancasila. Sedangkan sebagai dasar  konstitusional dari  Hukum Administrasi Negara ialah Pembukaan Undang – Undang Dasar 1945 alinea keempat, yang menentukan secara eksplisit, yaitu: “Pemerintahan negara Indonesia melindungi segenap bangsa Indonesia dan seluruh tumpah darah Indonesia, serta untuk memajukan kesejahteraan umum, mencerdaskan kehidupan bangsa dan ikut melaksanakan ketertiban dunia yang berdasarkan kemerdekaan, perdamaian abadi dan keadilan sosial”.

Writer and Copy Right:
 Dr. (Cand.) Appe Hamonangan Hutauruk, SH., MH. 
Lecturer, Advocate and Legal Consultant 
Handphone: 0818964919, 085959597919, 081213502002

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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