General Principles of Good Governance (ALGEMENE BEGINSELEN VAN BEHOORLIJK BESTUUR) In State Civil Apparatus Law ( A study of the general principles of


Authors : Mukmin Muhammad.

Volume/Issue : Volume 4 - 2019, Issue 1 - January

Google Scholar : https://goo.gl/DF9R4u

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The development of the general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur) in Indonesia was largely influenced by various advances in legal doctrine and jurisprudence. However, unfortunately, in Indonesia the jurisprudence on general principles of good governance was not collected properly. In the book the collection of the Supreme Court of Jurisprudence, for example, no jurisprudence concerning general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur) Violations was found. In the Directory of Decisions of the Supreme Court there is no classification of decisions regarding violations of general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur), so it is not easy for legal practitioners, especially judges, to explore the Jurisprudence on general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur) Violations. Therefore, in various decisions of the judges, general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur) was only placed as additional legal considerations in deciding cases. It is a challenge for legal practitioners or academics to explore and review jurisprudence regarding violations of general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur). Thus, the development of general principles of good governance (Algemene Beginselen van Behoorlijk Bestuur)in its function as a tool for judges to test or assess the legitimacy of the actions of government administrators and as a means of control to prevent administrative actions that can cause harm, not as fast as happened in the Netherlands..In order to realize the national objectives, State Civil Apparatus are needed. State Civil Apparatus are assigned the duties to carry out the task of public service of the task of the government and certain development tasks. In order to achieve the national objectives, the government needs professional State Civil Apparatus that are free from political intervention, free from the practice of collusion, corruption and nepotism and capable of acting as the glue of unity and national unity based on Pancasila and the 1945 Constitution of the State of the Republic of Indonesia,which is in line with the Good Governance Principles (algemene beginselen van behorlijk bestuur) which is conceived as a legal rule contained in Law Number 5 Year 2014 on State Civil Apparatus.

Keywords : State, Civil, Apparatus, Good, Governance.

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