Definisi Hukum Administrasi Negara Menurut Para Ahli - HUKUM ADMINISTRASI NEGARA

Summary

This educational video on Administrative Law (Hukum Administrasi Negara) covers its key definitions, as outlined by various experts. The lecture emphasizes the dual nature of this law: it governs both the structure of government and its relationship with citizens, particularly in welfare states. It discusses the roles of the executive and legislative branches in creating laws, as well as the state's responsibility to ensure citizens' welfare. The definitions provided highlight different aspects of Administrative Law, focusing on its function in regulating government actions, ensuring accountability, and protecting citizens' rights within the legal framework of a state governed by law.

Takeaways

• 😀 Hukum Administrasi Negara (State Administrative Law) governs the organization and functions of government in relation to society.
• 😀 Different scholars define Hukum Administrasi Negara in various ways, emphasizing its role in regulating government actions and administrative tasks.
• 😀 Beli Funtime defines administrative law as laws governing administrative tasks within the executive branch, excluding the legislative and judicial functions.
• 😀 Oppenheim views administrative law as binding regulations for governmental bodies when exercising powers granted by constitutional law, representing a 'moving state.'
• 😀 Van Vollenhoven shares a similar definition to Oppenheim, but emphasizes it applies to governmental instruments exercising operational powers.
• 😀 Soehino’s definition includes two aspects: regulating how government apparatus performs tasks and how it interacts legally with citizens.
• 😀 Sjachran Basah highlights that Hukum Administrasi Negara also provides protection for citizens against harmful administrative actions.
• 😀 Van Wyk & William Konin Bell describe administrative law as both a tool for government involvement in society and a means for citizens to influence and protect themselves from the government.
• 😀 The welfare state concept expands the role of administrative law by giving the government the responsibility to ensure public welfare, sometimes creating laws directly.
• 😀 Hukum Administrasi Negara can be divided into two categories: laws made by legislative bodies (heteronomously created) and laws created directly by the government (autonomously created).

Q & A

What is the main topic of the video?

The main topic of the video is the definition and understanding of Administrative Law, specifically the concept of Administrative State Law (Hukum Administrasi Negara) as defined by various scholars.

What is the difference between 'Hukum Administrasi Negara' and 'Hukum Administrasi'?

'Hukum Administrasi Negara' refers to the body of laws governing the administrative functions of the state and its relationship with society, while 'Hukum Administrasi' may focus more generally on administrative law and functions.

According to the video, what is the role of 'Hukum Administrasi Negara' in a welfare state?

'Hukum Administrasi Negara' in a welfare state ensures that the government actively participates in societal welfare, creating laws to manage the relationship between the government and its citizens for the betterment of society.

What is the significance of defining 'Hukum Administrasi Negara' for students of law?

Defining 'Hukum Administrasi Negara' is essential for students to understand how the government operates within a legal framework, balancing the execution of state power with the protection of citizens' rights.

How do the definitions of 'Hukum Administrasi Negara' vary according to different scholars?

Different scholars offer varied definitions of 'Hukum Administrasi Negara.' Some focus on its relationship with state organs and their executive powers, while others emphasize its role in protecting citizens from administrative actions or governing the state's welfare functions.

What is the key difference between 'Hukum Tata Negara' and 'Hukum Administrasi Negara' as explained by Oppenheim?

According to Oppenheim, 'Hukum Tata Negara' governs the state in a static form, focusing on the structure and powers of state organs, while 'Hukum Administrasi Negara' regulates the state in motion, focusing on how those organs exercise their powers and execute their functions.

What does Van Vollenhoven suggest about the relationship between 'Hukum Tata Negara' and 'Hukum Administrasi Negara'?

Van Vollenhoven suggests that 'Hukum Tata Negara' relates to the constitutional law that establishes state apparatuses and their powers, while 'Hukum Administrasi Negara' pertains to how these apparatuses use their powers in practice.

What are the two aspects of 'Hukum Administrasi Negara' identified by Soehino?

Soehino identifies two aspects of 'Hukum Administrasi Negara': first, it regulates how state organs perform their duties; second, it governs the legal relationship between state organs and citizens, ensuring fairness and protection for the citizens.

What is the role of 'Hukum Administrasi Negara' in protecting citizens from state actions?

'Hukum Administrasi Negara' not only regulates how state organs perform their duties but also provides mechanisms for citizens to protect their rights if harmed by administrative actions, including legal procedures for redress.

What is the significance of 'Hukum Administrasi Negara' in a state governed by the rule of law?

'Hukum Administrasi Negara' plays a critical role in ensuring that state actions are conducted according to the law, maintaining a system where the government’s activities are regulated and citizens’ rights are safeguarded.