Diskresi (Freies Ermessen) oleh Pejabat Pemerintah Rambu Hukum, Alat Ukur Keabsahan,dan Kecermatan dalam Penggunaannya
| Main Author: | Ridwan, Ridwan |
|---|---|
| Format: | Article PeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
Fakultas Hukum Universitas Muhammadiyah Yogyakarta
, 2009
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| Subjects: | |
| Online Access: |
http://repository.unsri.ac.id/18657/1/JMH_Lengkap.pdf http://repository.unsri.ac.id/18657/ |
Daftar Isi:
- There is no law which articles can embrace all aspects of the community life and various unpredicted events. Discretions is intended to implement the vague written laws (vagenormen) at the concrete situation so the government function can be conducted in flexibility and effectivity. Even though the discretion is not based on the written law, there is no written text at all, discretion is still bounded to the principle of validity (rechtmatigheid), in term of the authorithy, procedure, and substance. The legal sign of the discretion is clear and universal, baut it is opten adjusted to be in line with the needs the users of the discreetion. That kind of discretion is out of the real discretion context; it is kind of auothorithy and abuse. The problem is not on the law, but it is on the manner of the discretion users.