HAN Pertama

Summary

This lecture on State Administrative Law (Hukum Administrasi Negara) explores the relationship between the government and society in the context of legal regulation. It defines the two main subjects of the law: individuals and legal entities, with distinctions between public and private legal subjects. The speaker delves into the objects of the law, such as administrative decisions, public policies, state assets, and public services. The lecture highlights the importance of understanding the interaction between these subjects and objects through government actions and regulations, while also addressing the challenges of virtual learning for deeper discussions.

Takeaways

• 😀 Administrative Law (Hukum Administrasi Negara) governs the relationship between the government and the public, focusing on state functions like policy-making, welfare distribution, and public services.
• 😀 Legal subjects in Indonesia are categorized into two groups: individuals (person) and legal entities (badan hukum), both of which have rights and obligations in the legal system.
• 😀 Public legal subjects include government bodies and officials who act on behalf of the state, while private legal subjects are individuals and private entities like businesses or non-profits.
• 😀 A legal subject must have the capacity to take legal action, such as suing or being sued, and must be involved in administrative decision-making processes.
• 😀 A legal object refers to things that are regulated by law, such as policies, decisions, public assets, and public services, which the legal subjects interact with.
• 😀 Examples of legal objects include administrative decisions like permits and licenses, public policies such as laws and regulations, state assets like buildings and natural resources, and public services like education and healthcare.
• 😀 The interaction between subjects and objects in administrative law is seen in actions like the government issuing permits, where the government (a public legal subject) applies legal regulations (the object) to an individual or company (private legal subject).
• 😀 A private legal subject, such as an individual or company, has the right to sue or be sued, but a public legal subject, like a government official, does not typically have the same rights in administrative law.
• 😀 Public policies, including laws and regulations, are critical objects in administrative law as they guide the distribution of public resources and services, such as transportation, healthcare, and education.
• 😀 The speaker emphasizes that virtual discussions have limitations, especially regarding internet connectivity, and stresses the importance of offline discussions for deeper engagement and understanding.

Q & A

What is the definition of Administrative Law in the context of this script?

Administrative Law is the legal framework that governs the relationship between the government and society in carrying out governmental functions. It studies policies, the channeling of aspirations, and other public matters like providing free education or public welfare.

What is the distinction between public and private legal subjects in Administrative Law?

In Administrative Law, a subject refers to a party with rights and obligations in the legal system. Public subjects include the state and government bodies, while private subjects are individuals or private legal entities, such as companies or non-profit organizations.

What are the two types of legal subjects in Indonesia according to the script?

The two types of legal subjects in Indonesia are 'person' (individuals) and 'body of law' (such as companies and organizations).

What does 'subjek hukum publik' mean?

'Subjek hukum publik' refers to public legal subjects, primarily the state as a legal entity, government officials, and public institutions responsible for implementing public law.

Can an individual sue the government or public officials according to this script?

No, an individual cannot sue the government or public officials directly. Public legal subjects, such as government officials, are not considered to be liable in the same way as private legal entities.

What is meant by 'capacity to carry out obligations' in the context of legal subjects?

Capacity to carry out obligations refers to the ability of a legal subject, whether individual or legal entity, to perform duties according to applicable regulations. For instance, a university must report its curriculum development to the Ministry of Education.

What is an example of an 'objek hukum' (legal object) in Administrative Law?

An example of a legal object in Administrative Law is an administrative decision, such as a permit issued by the government. Other examples include public policies, state assets, or public services.

How are public policies treated as legal objects in Administrative Law?

Public policies are considered legal objects because they represent the principles and guidelines that the government must follow in managing public resources and services, such as traffic regulations or public health laws.

How does the interaction between legal subjects and legal objects occur in Administrative Law?

Interaction between legal subjects and legal objects happens through administrative actions taken by the government. For example, when the government issues building permits or licenses, the subject (individual or company) is affected by the legal framework (legal object).

What are some examples of state assets as legal objects in Administrative Law?

State assets as legal objects can include natural resources, government-owned buildings, or public infrastructure. These assets are regulated and managed according to specific rules and laws.