Hukum Administrasi Negara 01 | Pengertian-Pengertian dalam Hukum Administrasi Negara (Bagian 1)

Summary

This video provides an in-depth exploration of Administrative Law (Hukum Administrasi Negara), emphasizing the shift from a 'night-watchman' state to a welfare state, which necessitates the state's involvement in citizens' private lives. It discusses the importance of a legal framework for regulating government actions and the definition of law from multiple scholarly perspectives. The video further examines the functions of law, the role of state administration in implementing policies, and the characteristics of an effective administrative system. Overall, it highlights the significance of administrative law in ensuring lawful, efficient, and equitable governance.

Takeaways

• 😀 Administrative Law involves the shifting role of the state from being a mere protector to becoming a welfare manager for its citizens.
• 😀 The state’s involvement in private matters of citizens requires a legal basis, which is provided by Administrative Law as a regulatory system.
• 😀 The term 'Administrative Law' combines the concepts of 'law' and 'administration,' where each component contributes to a broader understanding of state governance.
• 😀 Legal definitions of law vary, but they all emphasize laws as rules to maintain social order through directives and prohibitions.
• 😀 Administrative Law serves as a system for creating stability, ensuring quality, and meeting government objectives through governance processes.
• 😀 Laws are not limited to written regulations; they encompass all actions and behaviors that promote social order and public welfare.
• 😀 The primary role of Administrative Law is to facilitate the government’s policy implementation, ensuring effective governance through bureaucratic systems.
• 😀 Administrative systems should maintain quality, manage quantities, and control costs while working within the limitations imposed by each country’s resources.
• 😀 Administrative Law requires the state to establish systems to manage data (e.g., population data) that support government decision-making for public services like education.
• 😀 Administrative Law also addresses the technical aspects of implementing and monitoring laws and policies, ensuring their alignment with national goals.

Q & A

What is the main shift in the role of the state discussed in the transcript?

The main shift discussed is from the state being a 'night watchman' focused on maintaining security and order, to a welfare state involved in managing citizens' private lives and promoting their well-being.

What is the purpose of Administrative Law in this context?

Administrative Law serves as the instrument that justifies and regulates the state's intervention in citizens' private lives to achieve public welfare and implement government policies.

How do different scholars define 'law' according to the transcript?

Scholars define law in various ways, but common themes include law as a system of rules enforced by authorities to regulate human behavior, maintain social order, and ensure justice.

What are the five functions of law according to Syahran Basa?

The five functions of law are: 1) Directive, guiding societal goals, 2) Integrative, maintaining national unity, 3) Stabilizing, ensuring balance and harmony, 4) Perfective, improving administrative actions, and 5) Corrective, ensuring fairness and justice.

What does the transcript suggest about the nature of law beyond written rules?

The transcript suggests that law should not only be understood as a set of written rules but also as a broader system that includes both formal and informal aspects, all aimed at creating social order.

How is Administrative Law linked to public administration?

Administrative Law is deeply connected to public administration as it governs the implementation of government policies and ensures that the actions of the government are legally justified and properly executed.

What role does the state play in welfare according to the transcript?

The state is seen as a provider of welfare, responsible for managing public services, ensuring citizens' well-being, and regulating private matters to create a balanced and prosperous society.

Why is the legal basis for state intervention in citizens' private lives important?

The legal basis is crucial because it provides legitimacy and justification for the state's involvement in private matters, ensuring that the interventions are lawful and aligned with the goal of public welfare.

What is the significance of the state's role in managing public services like education and population registration?

The state's role is essential in managing services like education and population registration to ensure that the needs of the citizens are met effectively. This includes activities like census-taking, updating records, and planning public services based on demographic data.

How does the transcript describe the nature of a system in the context of Administrative Law?

The transcript describes Administrative Law as a system with specific characteristics, such as having clear goals, boundaries, and the ability to adapt to changes. It functions through interconnected parts and involves continuous monitoring and adjustment to achieve desired outcomes.