Sejarah Hukum Administrasi Negara

Summary

In this video, Ahmad Raihan discusses the history and evolution of Administrative Law, particularly its relationship with Constitutional Law. Initially unified in the Netherlands, these fields later separated in 1946 at the University of Amsterdam, impacting legal education globally, including in Indonesia. Raihan also highlights how terminology such as 'State Administrative Law,' 'Government Law,' and 'Administrative Law' have been used interchangeably in Indonesia, influenced by various experts and legal institutions. He explains how, despite different terms, the field focuses on the governance and legal framework of state administration.

Takeaways

• 📚 The video covers the history and development of Administrative Law, particularly focusing on Indonesia and abroad.
• 🇳🇱 Initially, Administrative Law and Constitutional Law were unified in the Netherlands under the term 'State Administrative Law'.
• 🏛️ In 1946, the University of Amsterdam separated Administrative Law from Constitutional Law, establishing them as distinct fields.
• 🇮🇩 Indonesia followed suit in 1946, after its independence, with the University of Indonesia also separating the two legal disciplines.
• 📖 In Indonesia, different terms for Administrative Law have been used interchangeably, including 'State Administrative Law', 'Government Law', and 'Administrative Governance Law'.
• 👩‍🏫 Various legal scholars contributed to the terminology debate, such as Ahmad Sumitro and Sunaryati Hartono, who used terms like 'State Administration' and 'Government Administration'.
• 🏛️ Several Indonesian universities like Universitas Gadjah Mada (UGM) and Universitas Islam Indonesia (UII) adopted these terms, but later aligned with 'Administrative Law' based on national academic consensus.
• 📜 In 1973, a meeting of law professors across Indonesia standardized the term 'Administrative Law' after a voting process, which showed the majority favored this term.
• ⚖️ In Indonesian legislation, both 'Administrative Law' and 'State Administrative Law' are used, particularly in judicial contexts, such as the 1986 Administrative Court Law.
• 🗣️ The video emphasizes the historical evolution of terminology and the importance of understanding different perspectives on Administrative Law in academic and legislative settings.

Q & A

What is the primary focus of the video?

The video focuses on the study of Administrative Law, particularly its history both in foreign countries and in Indonesia.

How were Administrative Law and Constitutional Law related in the beginning?

Initially, Administrative Law and Constitutional Law were considered a single entity, particularly in the Netherlands, where they were referred to as 'staatsrecht en administratief recht' or state and administrative law.

When and where did the separation of Administrative Law and Constitutional Law occur?

The separation occurred in 1946 at the University of Amsterdam, where Administrative Law became a distinct subject from Constitutional Law.

How did this separation impact Indonesia?

Indonesia, influenced by Dutch legal education due to its colonial past, followed a similar path. After gaining independence in 1946, Indonesian universities like Universitas Indonesia began teaching Administrative Law as a separate subject.

Who were the key figures involved in teaching Administrative Law in the Netherlands and Indonesia?

In the Netherlands, Mr. Fighting taught Administrative Law at the University of Amsterdam, while in Indonesia, Professor Prince was responsible for teaching Administrative Law at Universitas Indonesia.

What are the different terms used in Indonesia to refer to Administrative Law?

In Indonesia, various terms are used for Administrative Law, including 'Hukum Administrasi Negara,' 'Hukum Tata Pemerintahan,' and 'Hukum Tata Usaha Negara.' These terms are considered to refer to the same field but differ based on context and usage.

What was decided at the 1973 Cibulan meeting regarding the terminology for Administrative Law?

At the 1973 meeting in Cibulan, Indonesian legal educators agreed to standardize the term 'Hukum Administrasi Negara' (Administrative Law) for academic purposes. However, other terms like 'Hukum Tata Usaha Negara' and 'Hukum Tata Pemerintahan' remained in use in other contexts.

Why do some universities in Indonesia use different terms for Administrative Law?

Universities like Universitas Gadjah Mada and Universitas Islam Indonesia used 'Hukum Tata Pemerintahan' due to the Indonesian Ministry of Education's decree from 1972, which adopted this term in the curriculum.

What was the result of the voting among legal educators regarding the terminology of Administrative Law?

In the voting, 50% of legal educators supported the use of 'Hukum Administrasi Negara,' 32.90% favored 'Hukum Tata Usaha Negara,' and 9.21% preferred 'Hukum Tata Pemerintahan.' The majority chose 'Hukum Administrasi Negara' as the primary term.

What are the implications of using different terms for Administrative Law in Indonesia?

The use of different terms—'Hukum Administrasi Negara,' 'Hukum Tata Usaha Negara,' and 'Hukum Tata Pemerintahan'—has implications for legal practice and academia. While 'Hukum Administrasi Negara' is the preferred academic term, official legal documents and government references often use 'Hukum Tata Usaha Negara.'