State Civil Apparatus in Indonesia in the Conception of Welfare State: A Study of Legal Material Law Number 5 Year 2014 on State Civil Apparatus

  •  Mukmin Muhammad    
  •  La Ode Husen    


In essence every form of government interference must be based on legislation that applies as a principle of legality, which is the main joint law of the State. However, because there are limitations to this principle or because of weaknesses and shortcomings in the laws and regulations, the government is given freedom. Freies Ermessen, namely the freedom of the government to be able to act on its own initiative in solving social problems. Freies Ermessen raises opportunities for conflicts of interest, in order to avoid or minimize violations of citizens' rights, hence increasing legal protection for deviant state administration (Verhoogde Rechtsbescherming) in the form of "Algemene Beginselen Van Behoorlijk Bestuur" or general principles of good governance. The task of government is carried out in the framework of the implementation of the general functions of government which includes institutional, personnel and management utilization. Whereas in the implementation of certain development tasks carried out in the context of implementing certain development tasks carried out through nation-building (cultural and political development) as well as through economic and social development (economic and social development) which is directed at increasing the welfare and prosperity of the entire community, Law Number 5 Year 2014 on state civil apparatus as the basis for regulating the state civil apparatus in each of its implementation policies prioritizes the foundation of legislation, propriety and justice. The method of research is normative legal research methods, namely the study of legal principles legal rules which are standards for behaving or behaving. This research can be carried out (especially) on primary and secondary legal materials, as long as the materials contain legal rules, because not every article in a law, for example, contains legal rules; there are articles which are only limits as commonly found in the general provisions of the legislation. Research on legal principles is a philosophical study because the legal principle is an ideal element of law. Goals: The purpose of this research is to make the state civil apparatus understand the concept of the welfare state, the use of discretionary power (Freies ermessen), understand the principles that limit the actions of state civil apparatus to avoid corruption and collusion and nepotism in realizing people's welfare in Indonesia. Novelty/Improvement: This article discusses the study of law regarding the position of Civil Servants in Indonesia based on Law Number 5 Year 2014 on State Civil Apparatus. Concerning state civil apparatus which is associated with principles general good governance, this research article is also expected to be able to provide information for readers to be able to realize the state civil apparatus free from the practice of collusion, corruption and nepotism in realizing good governance in Indonesia in the conception of welfare state.

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