Development of Democratization on Indonesia Through Administrative Court

Abstract

A Democratic Government System provides legal protection (rechtsbescherming) for its people. The government is responsible for every action and decision (geen bevoegdheid zonder veraantwordelijkheid). Government Actions in carrying out welfare state activities are not sufficient based on written rules (gescreven rechts). This is a logical consequence due to the increasingly rapid dynamics of national life. Therefore, it requires quick action in order to prevent government stagnation. The government often issues written discretion (naar buiten gebracht scriftelijk beleid) in the form of policy regulations (beleidsregel) with a ratio legis to accelerate the aims of the state in order to achieve public welfare. Policies that are made if not supervised will undoubtedly cause a problem. So, there needs to be a proposal related to legal protection facilities for policy rules. In Practice, Policy rules cannot be reviewed because they are not laws and regulations. The author will analyze these problems by observing them using normative research methods. In this study, it is concluded that to implement the principle of democracy, it is necessary to have legal protection facilities for all government actions, whether based on bound authority or discretion through the State Administrative Court. This can be used as a tool to prevent abuse of authority by the Government so that the welfare of the Community is realized.