Pelaksanaan Kewenangan Diskresi Dalam Penyelenggaraan Pemerintahan

Hurint, Farlian Belawa (2017) Pelaksanaan Kewenangan Diskresi Dalam Penyelenggaraan Pemerintahan. S1 thesis, UAJY.

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Abstract

This study entitled “The Implementation of Discretion Authority within the Government” has three statements of the problem. The first is how the exercise of discretion authority in government organization works. Second, the obstacles of the exercise of discretion authority may have. Third, the effort to overcome those obstacles. The purpose of this study is to find out and analyze those three problems. This study is a normative research and uses law political approach, law regulation approach and historical approach. The materials and data used in this study is a cumulative data which is obtained and utilized from primary law materials and secondary law materials. The data resource was obtained directly from the research objects in the area by interviewing the source also obtained from law materials. The thinking process used in this study is a deductive. The law theory, the authority theory, the legality principle theory, the relation between government and citizen theory and the protection law theory were used to analyze the research. The results of this study show that the exercise of discretion authority in government organtization is a logical consequence and an inevitability of welfare state in which the government of welfare state is the state power who are given the task and responsible for the prosperity of the citizen whereas the discretion authority does not mean can be used as freely but still has to follow the rule as it is written on Act Number 30 Tahun 2004 about Government Administration and The Principles of Good Government (AAUPB). The exercise of discretion authority in government organization also has some obstacles that caused the government becomes less efficient and less effective. After elaborating into some aspects such as the theory aspects, the practical aspect and the juridicial aspect. The effort to overcome those obstacles is actually not easy as it has to involve all parties. Starting from the legislative power, executive power and judicative power. The legislative through their legislation needs to arrange the law framework to ensure the exercise of discretion authority for the government officials and judicative power in doing enforce to the deviations that caused by the discretion authority. One more important thing is that it also needs the citizens role. The citizens have to understand the essence of discretion authority itself that they can rate how the discretion authority works whether it is already proper as the rule or not. Those things are to ensure the exercise of discretion authority in government organization to be efficient and effective in embody the citizens prosperity.

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