Kedudukan Hukum Pemerintah

Summary

In this video, Ahmad Raihan discusses the legal position of the government within the context of Administrative Law. He explains the concept of government in a narrow sense, focusing on the executive branch and its role in law enforcement. The video covers two main legal positions: government as a public law entity and as a private law entity. As a public law body, the government aims to serve the public welfare through regulations and policies, while as a private law entity, it engages in civil law activities. The government’s role and functions are explained, emphasizing its duty to ensure public welfare and maintain legal order.

Takeaways

• 😀 The government in the context of Administrative Law refers to the executive branch, including positions like the president, vice president, ministries, governors, and other administrative roles.
• 😀 Administrative Law covers the relationship between the government and citizens, focusing on how laws are executed and how governmental bodies operate.
• 😀 The government can have two legal standings: as a public law body or as a private law body, depending on the context and its activities.
• 😀 Public law involves laws that regulate the welfare of the state, such as constitutional law, administrative law, and criminal law. The government acts as a public law body to ensure the welfare of the citizens.
• 😀 Instruments of government policies, such as regulations, decisions, plans, and directives, are tools for government bodies to regulate and govern society, aiming to improve the welfare of the population.
• 😀 Private law pertains to relationships between individuals or entities, and the government, when acting as a private law body, engages in legal activities like buying, selling, leasing, or lending with private individuals or businesses.
• 😀 Governments, when acting in private law, must comply with the legal rules of civil law, including contracts and other private agreements.
• 😀 The government, as a public law entity, is an organization that involves various functions and jobs that together reflect the aims and work processes of the state.
• 😀 The position of government officials is permanent, but the individual holding the position can change over time (e.g., the presidency can change every election cycle).
• 😀 To be classified as a public law body, the government must meet three criteria: its foundation must be based on public law, it must carry out public acts, and it must have the authority to create binding regulations or decisions for the public.
• 😀 As a public law body, the government engages in actions like facilitating public development, making regulations, and issuing decisions to ensure that it fulfills its duty to serve and improve society.

Q & A

What is the scope of government in the context of Administrative Law?

In Administrative Law, the government is defined in a narrow sense, focusing only on the executive branch. This includes positions such as the president, vice president, ministers, governors, and other administrative roles within the executive framework.

How is the government in the context of Administrative Law distinguished?

The government is distinguished by its dual legal status: as a public law entity and as a private law entity, depending on its function and the type of legal relationship it is involved in.

What is public law in relation to the government?

Public law is the branch of law that regulates the relationship between the state and individuals, focusing on ensuring the welfare of the state. It includes areas such as constitutional law, administrative law, and criminal law, where the government serves as a public legal entity working to benefit the citizens.

What are some examples of legal instruments the government uses in public law?

Examples of legal instruments the government uses in public law include regulations (regelingen), policy instruments (beleidsnota), decisions (besluiten), and plans (hoofdplannen). These tools are used to regulate and manage the public sector, ensuring the welfare of the people.

How does the government function as a private law entity?

As a private law entity, the government engages in legal activities typically involving private individuals or organizations, such as buying, renting, or lending property. In this role, the government must follow the same rules as private entities under civil law.

What is the key difference between public law and private law regarding government involvement?

The key difference lies in the type of activities the government undertakes. In public law, the government regulates and manages public welfare and societal needs, while in private law, it engages in private transactions that follow civil legal norms.

What is meant by 'government as an organization of positions'?

The government, as an organization of positions, refers to the structured roles within the government that perform specific functions aimed at achieving the objectives of the state. These roles are permanent, but the individuals holding the positions may change, such as with the presidency.

What are the three criteria that define a government as a public legal entity?

The three criteria are: 1) the government is established through public law with authority granted by regulations or laws; 2) it carries out public duties, such as public services and societal development; and 3) it has the power to issue binding regulations or decisions that affect the general public.

How does the concept of permanent positions in government apply to roles like the president?

In the government, positions like the presidency are permanent, meaning the role itself remains constant. However, the individual occupying the position can change, such as when a new president is elected.

Why is the government described as an organization of positions rather than a static entity?

The government is described as an organization of positions because the structure and functions of governance are organized around roles, which are permanent, but the individuals holding those roles can change. This reflects the dynamic nature of governance.