Wewenang dan Cara Memperolehnya - HUKUM ADMINISTRASI NEGARA

Summary

This video discusses the concept of authority in administrative law, focusing on the definition, distinctions, and sources of authority. The lecturer explains the difference between 'wewenang' (authority) and 'kewenangan' (power), emphasizing the relationship between legal frameworks and governmental actions. It covers the importance of legal basis in government decisions and actions, detailing three ways authority can be obtained: attribution, delegation, and mandate. The video highlights Indonesia's legal system, specifically the legal principles of legality that guide government actions, ensuring they are based on law and protecting citizens' rights. The session also touches on the administrative functions of public officials within the legal context.

Takeaways

• 😀 The purpose of the Indonesian state is outlined in the fourth paragraph of the 1945 Constitution, focusing on protection, general welfare, education, and global peace.
• 😀 Public authority or 'wewenang' refers to the legal power or right of public officials to take action or make decisions within the scope of public duties.
• 😀 The distinction between 'wewenang' and 'kewenangan' is that 'wewenang' is more specific to individual rights, while 'kewenangan' refers to the broader authority vested in a position or office.
• 😀 'Wewenang' is tied to a public official's actions, while 'kewenangan' is tied to the office or position itself.
• 😀 The legal concept of 'Hukum Administrasi Negara' ensures that government actions remain within the legal boundaries and prevent abuse of power.
• 😀 According to Prof. Miriam Budiardjo, a state cannot function effectively without 'wewenang' or authority to perform actions and serve the people.
• 😀 The principle of 'legalitas' or legal validity is fundamental in ensuring all governmental actions are based on valid laws and regulations.
• 😀 'Legalitas' is crucial in Indonesia’s constitutional framework, as it ensures that government actions are based on the rule of law, which guarantees fairness and accountability.
• 😀 There are three main methods for acquiring authority: attribution, delegation, and mandate. These processes determine how government officials gain their legal powers.
• 😀 Delegation involves the transfer of authority from a higher office to a lower one, while mandate allows officials to act on behalf of higher authorities, with accountability remaining with the original delegator.

Q & A

What is the purpose of the Indonesian state as mentioned in the video?

The purpose of the Indonesian state, as stated in the fourth paragraph of the Preamble of the 1945 Constitution, is to protect the entire nation and all its bloodshed, advance the general welfare, educate the nation's life, and participate in world peace based on independence, eternal peace, and social justice.

What is the role of Administrative Law in the context of the state’s power?

Administrative Law functions as a guideline for the government in carrying out its duties and powers, ensuring that the government operates within the bounds of its authority while protecting citizens from abuse of power.

What is the key distinction between 'wewenang' and 'kewenangan' in the script?

'Wewenang' refers to the authority or legal power of a public officer to act within the limits of the law, while 'kewenangan' is a broader concept, encompassing all the powers given to an office or position, and includes the actions that can be carried out under that power.

According to Prof. Prayudi Atmosudirdjo, how are 'wewenang' and 'kewenangan' different?

Prof. Prayudi Atmosudirdjo explains that 'kewenangan' is broader than 'wewenang,' with the former representing a more comprehensive set of powers attached to a position, whereas 'wewenang' refers to specific legal actions that can be taken under that power.

How does the 2014 Administrative Law Act distinguish 'wewenang' and 'kewenangan'?

The 2014 Administrative Law Act defines 'wewenang' as the right of a public body or official to make decisions or take actions in the administration of government. In contrast, 'kewenangan' is described as the formal power given by law to a public official or body to act in the public domain.

What does the concept of 'asli' (original) authority refer to in the script?

'Asli' authority refers to powers granted directly by law or the constitution, as opposed to delegated or mandated powers. These are the powers that exist inherently within a role or office as stipulated by legal or constitutional norms.

What is the significance of the principle of legality in relation to government actions?

The principle of legality, as emphasized in the video, ensures that all government actions must be based on legitimate, written laws. This principle is crucial for maintaining the rule of law in a legal state, such as Indonesia, where government actions must have legal grounding to be valid.

What are the three functions of the principle of legality outlined in the video?

The three functions of the principle of legality are: 1) Legitimacy, ensuring that government actions are justified by law, 2) Attribution, which limits authority to what is provided by law, and 3) Regulation, which sets the boundaries for how power should be exercised to prevent arbitrary actions.

How does the legal framework in Indonesia relate to the concept of 'wewenang' and 'kewenangan'?

In Indonesia, the legal framework, particularly the 2014 Administrative Law Act, emphasizes that all administrative actions must align with established legal authority ('wewenang') and the formal powers associated with specific offices ('kewenangan'). This ensures that government actions are legally justified and properly regulated.

What are the three ways to acquire 'wewenang' as discussed in the video?

The three ways to acquire 'wewenang' are: 1) Atribusi (attribution), where authority is granted directly by law or constitution, 2) Delegasi (delegation), where authority is transferred from a higher authority to a lower one, and 3) Mandat (mandate), where authority is delegated, but responsibility remains with the original holder of the authority.