C. Literature search
There are several papers or thesis-related or related to the protection of the law, but most paper or thesis is made more specific or more refers to a case. As created by Khoirunisa thesis entitled "Law on Consumer defending" whose content is based on the rights of consumers against products that are consumed and how the legal protection if there are violations or thesis made by Muhammad Aziz on "Legal Protection of Labor Indonesia. " Whose contents are also more specialized about the rights of Indonesian workers who work overseas and its legal protection.
So this paper is not covering a more specific reference case, but the attitude of the state administrative action whose scope is more general or specific.
D. METHODOLOGY
1. Paper Type
This paper is a descriptive paper. Where speakers will give a brief but specific explanation of the theme of the discussion this time. It is also associated with the object of which is oversight of the government paper which is a discussion that requires a lot of the description and the straightforward exposure.
2. Data Type
Data used in this paper is a type of secondary data, ie data obtained through the second and third. Data obtained from the state administration books, articles, and also the source of the Internet.
3. Data Collection Techniques
The collection in this paper carried out by study of the literature. Speakers read different kinds of literature which is then arranged in such a way that the material can be delivered properly.
4. Systematics Discussion
In Chapter I of this paper, speakers will explain some basic things that can support the paper as a background problem, the principal problem, literature review and methodology.
While Chapter II is a more detailed discussion will begin by describing the general condition such as common sense. It will then be forwarded with further explanation about the kinds of legal protection of civil and public sector, the principles of good justice, perpetrators in Indonesia, the judicial authorities and law enforcement.
In Chapter III will be submitted for discussion and analysis of the contents cover include conclusions and recommendations of the paper.
CHAPTER II DISCUSSION
1. Overview About the Legal Protection
The law was created as a means or instrument to regulate the rights and obligations of legal subjects for each subject the law to carry out its obligations properly and get their rights accordingly.
According Sudikno Mertokusumo, law serves as the protection of human interests are protected, hukun should be implemented. Hukun implementation can take place in a normal, peaceful, but can occur also due to violations of the law. Pelenggaran law occurs when a particular legal subject does not carry liability that should be run or because it violates the rights of other legal subjects. Legal subjects who violated her rights should get legal protection.
2. Miscellaneous Civil Protection Law and Public Affairs
1) Protection in the Field Civil Code
Theoretically, Kranenburg presented in chronological order of the seven concepts of the issue whether the State can be sued in a civil judge in advance:
a. The concept of the State as an institution of power is associated with the concept of law as a decision that will be realized by the rule states that no state accountability.
b. The concept that distinguishes the State as a ruler and the State as the tax authorities. As a ruler, no State can be sued and otherwise as the State tax authorities can be sued.
c. The concept that explores the nature and the right criteria, namely whether a right protected by public law or civil law.
d. Concept of which explores the criteria of legal interests are violated.
e. The concept is based on tort as a basis to sue the State. This concept is not concerned about whether that violated the rules of public law or civil law rule.
f. The concept of separating the functions and performance of their functions. The function can not be sued, but the exercise that gave birth to losses can be sued.
g. The concept that explores a basic assumption that the State and the tools required in tindakanya, regardless of its aspects (public law or civil law) noted that normal human behavior. Seekers of justice to prosecute the State and the tools for them to behave normally. Any behavior that changes the normal behavior and bear the losses, can be sued.
2) Protection Law in the Public Sector
The most important characteristic of the action taken by the government are the decisions and decrees of the government that is unilateral. It is said to be unilateral because it is done or not an act of state law, not dependent on the will of others and are not required to be in agreement with the will of another party.
According Sjachran Wet, protection of citizen action is given when the attitude of the State administration was causing damage to it, while the protection of the state administration itself carried out against the attitude of its actions with both written and unwritten. Unwritten administrative law or general principles of decent government, intended as increased legal protection for the people of the State administrative action that deviates.
There are two kinds of legal protection for the people, namely the legal protection of preventive and repressive. On the preventive legal protection, people are given the opportunity to submit objections or opinions before a decision pemerinah get a definitive shape. This means that preventive legal protection aims to prevent disputes, whereas the repressive protection aims to resolve disputes. Protection of the preventive law is of great significance for government action that is based on freedom of action, because of the preventive protection of the law compelled the government to be cautious in making decisions based on discretion.
3. Justice Principles of Good
The principle of common law power of the judiciary (courts) that both of them include the following:
1. Freedom Justice
In performing its duties as the powers of an independent judge must be free from any interference, both internally and externally so that judges can calmly give the fairest decision.
2. Judge Be Waiting
So there will be a process or not, there is a demand right or left entirely to the parties concerned. Therefore, in a civil and criminal matters the judge's involvement was not requested by a party who feels aggrieved he can not intervene to handle and decide his case.
3. Examination Held Open
This means that every person should be present, listening and watching his nets in court proceedings. The purpose of this principle is to ensure the impartial administration of justice, fairness and rights and to protect the Man in the judiciary, in accordance with applicable laws. This principle is to open the social control of society, namely by putting the judiciary under general supervision.
4. Active Judge
Judge siding as lead manager must actively lead the nets so that the trial run smoothly. Hakimlah that determine pemenggilan, determine the date for the hearing and ordered that the tools necessary evidence presented at trial. The judge also authorized to give advice, seek, peace, shows the efforts of law and provide keterangankepada the parties litigant.
5. Judge Be Passive
Judge only helps the seeker of justice and trying to overcome obstacles to the achievement of obstacles to justice that is simple, fast and low cost.
6. Similarity
The parties that litigants should be treated and given equal and fair opportunity to defend and protect the interests concerned. Therefore, judges should not accept information from either party as a right, without a hearing or give other parties the opportunity to express their opinions.
7. The decision is accompanied by Reason
Being a judge's obligation to give adequate consideration to the decision handed down.
4. Actors Judicial Power in Indonesia
One of the branches of State power is the power of the judiciary, namely the power to hold court in the form of checks, hearing and deciding cases.
Judicial power, which in the 1945 Constitution diebut with the term judicial authorities, held to enforce the law and justice. If seen the provisions on judicial power is one of substance which underwent a fundamental change. From the institutional side, the 1945 changes in the environment gave birth to two agencies the judicial authorities, namely Kontitusi Court (MK) as one of the perpetrators keuasaan judiciary and the Judicial Commission (KY) as an institution associated with the presence of the Supreme Court (MA). For judicial authority to perform the function well, it takes a further arrangement according to existing constitutional basis.
Stressed the importance of an independent judicial authority, the need to ensure that law enforcement agencies with a set associated with it the need for supervision of judges. The assertion of an independent judiciary keuasaan major concern because of the conditions of the past that placed under the control of power eksekutif.perekrutan judges, and judicial administration and financial institutions under government control, namely Ministry of Justice. Against judicial bodies under governmental institution, status and dependence resulted in disruption of the independence of judicial institutions in check, hear and decide the case.
The need for regulation of the Honorary Board and Honorary Board of the Supreme Court Justices. However, the weakness of these institutions is its status as an MA fittings that are part of the Supreme Court itself. Such internal controls are usually not efetif and other problems tend to arise.
With this authority, KY assessed later will know the track record and quality of judges. Hence, KY was also given authority to propose the appointment of justices to the Parliament and subsequently determined by the President. Thus, justices are expected to actually have the integrity and personality, fair, professional, and experienced in the legal field.
5. Law Enforcement
The law contained therein, an infrastructure of values or concepts of justice, truth, social usefulness, and so forth. The content of this law are abstract. According Satjipto Rahardjo, law enforcement is essentially an enforcement of ideas or concepts are abstract. Law enforcement is an effort to realize those ideas into reality.
Soerjono Soekanto argues, there are five factors that affect law enforcement, namely:
a. Factor of its own law
b. Law enforcement factors, namely the parties that form and that applying the law.
c. Factor means or facilities to support law enforcement
d. Community factors, namely the environment where the law is enacted or implemented
e. Cultural factors, namely as a result of the work, creativity and a sense that is based on human intention to live in association
Soerjono Soekanto also expressed opinions about, how it can work properly is needed harmony in the relationship between four factors, namely:
a. Law or regulation itself is un likely skewer in laws and regulations regarding specific areas of life.
b. The mentality of law enforcement officers who enforce the law, among others, include judges, police, prosecutors, defense lawyers, correctional officers and so forth.
c. The facility is expected to support the implementation of the law. If the legislation is good and also good enforcement mentality. However, inadequate facilities, then law enforcement can not be running properly.
d. Legal awareness, legal compliance and behavior of citizens.
In order for the law can work well in public life was also expressed by the interplay Rajardjo Satjipto, which must consider the following matters:
a. Know the problems as well as possible, including carefully identify people who want to become targets of such cultivation
b. Understanding the values that exist in society, should be applied to people with diverse life sectors, such as traditional, modern and planning.
c. Making hypotheses and choose the most feasible to be implemented
d. Follow the path of implementation of laws and regulate its effects.
That means that law enforcement, in addition to supervision, is sanctions. Sanctions are an important part is important in any legislation, the penalty is at the core of administrative law enforcement. This means that at the threshold of the rule of law there are penalties. This sanction is required as a guarantor of law enforcement administration. In general, there is no point entering the obligations and prohibitions-laranganbagi the citizens in the legislation the State administration, the rules of behavior can not be imposed by the State administration. Instrument to impose the behavior of citizens is to sanction. Therefore, sanctions are often the part that attaches to a particular legal norm.
In terms of targets, the administrative law recognized two types of sanctions, namely reparatoir sanctions and punitive sanctions. Sanctions imposed sanctions reparatoir interpreted as a reaction to the violation of norms, which aimed to restore the original state or put in a situation in accordance with the law. In other words, restore the original state before the occurrence of violations, while the punitive sanction is a sanction which is solely intended to inflict punishment on someone. Examples of sanctions reparatoir is government coercion and imposition of forced currency, while examples of punitive sanctions is the imposition of administrative fines.
1) Various kinds of sanctions in the Law of State Administration
In general, all kinds and types of sanctions that are listed and expressly specified in the regulations of certain administrative areas. Generally known for some kinds of sanctions in administrative law, namely:
a. Government coercion,
b. The recall decision favorable (permits, subsidies, payments and so on),
c. Imposition of money forced by the government,
d. Imposition of administrative fines.
There are several papers or thesis-related or related to the protection of the law, but most paper or thesis is made more specific or more refers to a case. As created by Khoirunisa thesis entitled "Law on Consumer defending" whose content is based on the rights of consumers against products that are consumed and how the legal protection if there are violations or thesis made by Muhammad Aziz on "Legal Protection of Labor Indonesia. " Whose contents are also more specialized about the rights of Indonesian workers who work overseas and its legal protection.
So this paper is not covering a more specific reference case, but the attitude of the state administrative action whose scope is more general or specific.
D. METHODOLOGY
1. Paper Type
This paper is a descriptive paper. Where speakers will give a brief but specific explanation of the theme of the discussion this time. It is also associated with the object of which is oversight of the government paper which is a discussion that requires a lot of the description and the straightforward exposure.
2. Data Type
Data used in this paper is a type of secondary data, ie data obtained through the second and third. Data obtained from the state administration books, articles, and also the source of the Internet.
3. Data Collection Techniques
The collection in this paper carried out by study of the literature. Speakers read different kinds of literature which is then arranged in such a way that the material can be delivered properly.
4. Systematics Discussion
In Chapter I of this paper, speakers will explain some basic things that can support the paper as a background problem, the principal problem, literature review and methodology.
While Chapter II is a more detailed discussion will begin by describing the general condition such as common sense. It will then be forwarded with further explanation about the kinds of legal protection of civil and public sector, the principles of good justice, perpetrators in Indonesia, the judicial authorities and law enforcement.
In Chapter III will be submitted for discussion and analysis of the contents cover include conclusions and recommendations of the paper.
CHAPTER II DISCUSSION
1. Overview About the Legal Protection
The law was created as a means or instrument to regulate the rights and obligations of legal subjects for each subject the law to carry out its obligations properly and get their rights accordingly.
According Sudikno Mertokusumo, law serves as the protection of human interests are protected, hukun should be implemented. Hukun implementation can take place in a normal, peaceful, but can occur also due to violations of the law. Pelenggaran law occurs when a particular legal subject does not carry liability that should be run or because it violates the rights of other legal subjects. Legal subjects who violated her rights should get legal protection.
2. Miscellaneous Civil Protection Law and Public Affairs
1) Protection in the Field Civil Code
Theoretically, Kranenburg presented in chronological order of the seven concepts of the issue whether the State can be sued in a civil judge in advance:
a. The concept of the State as an institution of power is associated with the concept of law as a decision that will be realized by the rule states that no state accountability.
b. The concept that distinguishes the State as a ruler and the State as the tax authorities. As a ruler, no State can be sued and otherwise as the State tax authorities can be sued.
c. The concept that explores the nature and the right criteria, namely whether a right protected by public law or civil law.
d. Concept of which explores the criteria of legal interests are violated.
e. The concept is based on tort as a basis to sue the State. This concept is not concerned about whether that violated the rules of public law or civil law rule.
f. The concept of separating the functions and performance of their functions. The function can not be sued, but the exercise that gave birth to losses can be sued.
g. The concept that explores a basic assumption that the State and the tools required in tindakanya, regardless of its aspects (public law or civil law) noted that normal human behavior. Seekers of justice to prosecute the State and the tools for them to behave normally. Any behavior that changes the normal behavior and bear the losses, can be sued.
2) Protection Law in the Public Sector
The most important characteristic of the action taken by the government are the decisions and decrees of the government that is unilateral. It is said to be unilateral because it is done or not an act of state law, not dependent on the will of others and are not required to be in agreement with the will of another party.
According Sjachran Wet, protection of citizen action is given when the attitude of the State administration was causing damage to it, while the protection of the state administration itself carried out against the attitude of its actions with both written and unwritten. Unwritten administrative law or general principles of decent government, intended as increased legal protection for the people of the State administrative action that deviates.
There are two kinds of legal protection for the people, namely the legal protection of preventive and repressive. On the preventive legal protection, people are given the opportunity to submit objections or opinions before a decision pemerinah get a definitive shape. This means that preventive legal protection aims to prevent disputes, whereas the repressive protection aims to resolve disputes. Protection of the preventive law is of great significance for government action that is based on freedom of action, because of the preventive protection of the law compelled the government to be cautious in making decisions based on discretion.
3. Justice Principles of Good
The principle of common law power of the judiciary (courts) that both of them include the following:
1. Freedom Justice
In performing its duties as the powers of an independent judge must be free from any interference, both internally and externally so that judges can calmly give the fairest decision.
2. Judge Be Waiting
So there will be a process or not, there is a demand right or left entirely to the parties concerned. Therefore, in a civil and criminal matters the judge's involvement was not requested by a party who feels aggrieved he can not intervene to handle and decide his case.
3. Examination Held Open
This means that every person should be present, listening and watching his nets in court proceedings. The purpose of this principle is to ensure the impartial administration of justice, fairness and rights and to protect the Man in the judiciary, in accordance with applicable laws. This principle is to open the social control of society, namely by putting the judiciary under general supervision.
4. Active Judge
Judge siding as lead manager must actively lead the nets so that the trial run smoothly. Hakimlah that determine pemenggilan, determine the date for the hearing and ordered that the tools necessary evidence presented at trial. The judge also authorized to give advice, seek, peace, shows the efforts of law and provide keterangankepada the parties litigant.
5. Judge Be Passive
Judge only helps the seeker of justice and trying to overcome obstacles to the achievement of obstacles to justice that is simple, fast and low cost.
6. Similarity
The parties that litigants should be treated and given equal and fair opportunity to defend and protect the interests concerned. Therefore, judges should not accept information from either party as a right, without a hearing or give other parties the opportunity to express their opinions.
7. The decision is accompanied by Reason
Being a judge's obligation to give adequate consideration to the decision handed down.
4. Actors Judicial Power in Indonesia
One of the branches of State power is the power of the judiciary, namely the power to hold court in the form of checks, hearing and deciding cases.
Judicial power, which in the 1945 Constitution diebut with the term judicial authorities, held to enforce the law and justice. If seen the provisions on judicial power is one of substance which underwent a fundamental change. From the institutional side, the 1945 changes in the environment gave birth to two agencies the judicial authorities, namely Kontitusi Court (MK) as one of the perpetrators keuasaan judiciary and the Judicial Commission (KY) as an institution associated with the presence of the Supreme Court (MA). For judicial authority to perform the function well, it takes a further arrangement according to existing constitutional basis.
Stressed the importance of an independent judicial authority, the need to ensure that law enforcement agencies with a set associated with it the need for supervision of judges. The assertion of an independent judiciary keuasaan major concern because of the conditions of the past that placed under the control of power eksekutif.perekrutan judges, and judicial administration and financial institutions under government control, namely Ministry of Justice. Against judicial bodies under governmental institution, status and dependence resulted in disruption of the independence of judicial institutions in check, hear and decide the case.
The need for regulation of the Honorary Board and Honorary Board of the Supreme Court Justices. However, the weakness of these institutions is its status as an MA fittings that are part of the Supreme Court itself. Such internal controls are usually not efetif and other problems tend to arise.
With this authority, KY assessed later will know the track record and quality of judges. Hence, KY was also given authority to propose the appointment of justices to the Parliament and subsequently determined by the President. Thus, justices are expected to actually have the integrity and personality, fair, professional, and experienced in the legal field.
5. Law Enforcement
The law contained therein, an infrastructure of values or concepts of justice, truth, social usefulness, and so forth. The content of this law are abstract. According Satjipto Rahardjo, law enforcement is essentially an enforcement of ideas or concepts are abstract. Law enforcement is an effort to realize those ideas into reality.
Soerjono Soekanto argues, there are five factors that affect law enforcement, namely:
a. Factor of its own law
b. Law enforcement factors, namely the parties that form and that applying the law.
c. Factor means or facilities to support law enforcement
d. Community factors, namely the environment where the law is enacted or implemented
e. Cultural factors, namely as a result of the work, creativity and a sense that is based on human intention to live in association
Soerjono Soekanto also expressed opinions about, how it can work properly is needed harmony in the relationship between four factors, namely:
a. Law or regulation itself is un likely skewer in laws and regulations regarding specific areas of life.
b. The mentality of law enforcement officers who enforce the law, among others, include judges, police, prosecutors, defense lawyers, correctional officers and so forth.
c. The facility is expected to support the implementation of the law. If the legislation is good and also good enforcement mentality. However, inadequate facilities, then law enforcement can not be running properly.
d. Legal awareness, legal compliance and behavior of citizens.
In order for the law can work well in public life was also expressed by the interplay Rajardjo Satjipto, which must consider the following matters:
a. Know the problems as well as possible, including carefully identify people who want to become targets of such cultivation
b. Understanding the values that exist in society, should be applied to people with diverse life sectors, such as traditional, modern and planning.
c. Making hypotheses and choose the most feasible to be implemented
d. Follow the path of implementation of laws and regulate its effects.
That means that law enforcement, in addition to supervision, is sanctions. Sanctions are an important part is important in any legislation, the penalty is at the core of administrative law enforcement. This means that at the threshold of the rule of law there are penalties. This sanction is required as a guarantor of law enforcement administration. In general, there is no point entering the obligations and prohibitions-laranganbagi the citizens in the legislation the State administration, the rules of behavior can not be imposed by the State administration. Instrument to impose the behavior of citizens is to sanction. Therefore, sanctions are often the part that attaches to a particular legal norm.
In terms of targets, the administrative law recognized two types of sanctions, namely reparatoir sanctions and punitive sanctions. Sanctions imposed sanctions reparatoir interpreted as a reaction to the violation of norms, which aimed to restore the original state or put in a situation in accordance with the law. In other words, restore the original state before the occurrence of violations, while the punitive sanction is a sanction which is solely intended to inflict punishment on someone. Examples of sanctions reparatoir is government coercion and imposition of forced currency, while examples of punitive sanctions is the imposition of administrative fines.
1) Various kinds of sanctions in the Law of State Administration
In general, all kinds and types of sanctions that are listed and expressly specified in the regulations of certain administrative areas. Generally known for some kinds of sanctions in administrative law, namely:
a. Government coercion,
b. The recall decision favorable (permits, subsidies, payments and so on),
c. Imposition of money forced by the government,
d. Imposition of administrative fines.
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