The common thread is the State law on the implementation and administration of state affairs that should be focused on the Act and provide a guarantee of basic rights of the people. Because basically, the rule of law and the power of the people (of interest) have to walk in harmony so as to harmony.
As a means of implementing and completeness of government that has the function of carrying out essential tasks and facultative State is the important role of this organ. The Government is also as subjects of law, has a range of actions both real and not real action. Legal action is the will of the organs of government that carries government due to the legal relationship or legal circumstances that exist so that the organs of government should not be handicapped because later cause legal consequences are not valid. Any legal action the government should always be based on applicable laws and regulations undanganyang in order to regulate and serve the public interest to be realized within the provisions of the relevant legislation.
In fact, not all administrative matters can be held solely by the organs of government because government complex memilikiurusan necessitating the involvement of the private sector with the cooperation. So we should know this wacanan. And the phenomenon is a government organization that wants wacanan we describe further. B. Problem Formulation
As for the problems studied in this paper, which can be formulated as follows:
1. What is the definition of governmental organizations?
2. How is the relationship between the levels in government?
3. How does the composition of the government position in the State of Indonesia?
4. What are the State institutions relevant from the center to the regions?
5. What is the legal action?
b. Library Review
Governmental organizations is one of the discussion in the State administrative law covering the relationship between timgkat-level organizations in government. Understanding, l governmental organizations, relationship levels, the composition of the government position in Indonesia, and State agencies from central to local.
In the book "The Lion Gie" about "Understanding the Status and Details of Administrative Sciences" in explaining that government organizations are not in the write down in detail. So for completeness of this paper, we take and combine the various literature relating to the organization pemeriintah, authority, levels, positions, and agencies in government, so this paper can conclude from the literature, including books karyaInu Syafii'ie Kencana, Bintoro Tjokroamidjojo, and so forth.
D. Methodology
1.Jenis research
This type of research is literature that is by taking the primary data from the literature on literatut-intensive review. The data we collect from some books. Any weakness of the book is closed by the excess of other books.
2.sifat Research
The nature of this research is descriptive and the normative that is presented describing the object being studied. The paper is historical, we study and write from time to time.
Chapter II
DISCUSSION
A. Understanding Government Organization
The main elements of the administration is the Organization as a sub-concept or tatakeragaan as a process of structuring a series of activities that form the framework for preparing a container for all the cooperation activities by classifying the jobs that must be shared duties among the officers who shall carry out, assign Javan authority and responsibility of each, as well as compile-woven fabric of working relationships among its officials, By conducted a series of activities which form tatakeragaan arrangement will create a framework of cooperation which Laim called the Organization. If associated with the organization so that the Government is bureaucratic tools to achieve national goals and objectives of Government.
Thus the purpose of the organization of government is
1.For divide the tasks of government so that it can be carried out efficiently and economically as possible.
2.Membatasi Regional Authority and responsibility of administrative units so as to keep based on basic legal and political oversight.
The organization is required to provide a structural framework for communication in order to move the implementation and coordination of the tasks of government are a lot of it, thus preparing the organization of government is simply a tool to achieve the goals of government organizations is also needed for the execution of duties of good government, has fundamental Territory law, authorities accountable.
In the literature there is the division of the nature of government that is bound kewengangan, Facultative and free, especially in relation to kewenanan creation and publication of decisions and decrees by people pemerintahan.Selain society organizations also have the authority to take actions hukumpemerintahan because government is subject to legal . As a rule of law subjak as other legal subjects perform various actions, either action or actions Hukum.Tindakan Real Real is not actions that are not relevant to the law and therefore did not result in consequences according to Law hokum.Tindakan RJHM Huisman, actions which by its nature can cause due to certain legal or legal action is action that is intended to create legal rights and obligations of result that is born of legal action is the consequences that have relevabsi with laws such as the creation of a new legal relationship, change or termination of the relationship there.
B. Depth-Level Intergovernmental Relations State Institutions
1. MPR with the House of Representatives and the Constitutional Court
The presence of MPR in the system of representation is seen as a typical feature of a democratic system in Indonesia. Membership of the Assembly which consists of members of Parliament and members of DPD showed that the MPR is still viewed as an institution because of its membership elected people's representatives in the general election. Elements of House members to reflect the principles of political democracy, while elements of the DPD to reflect the principle of regional representation for regional interests are not neglected. With the change in the position of the MPR, then the pe ¬ understanding manifestation of popular sovereignty was reflected in the three branches of power of representative institutions, the President, and holders of judicial authority.
As an institution, the Assembly has the authority to change and establish the Constitution, elect the President and / or Vice President in the event of vacancy of the President and / or Vice President, inaugurated the President and / or Vice President, and the authority to dismiss the President and / or Vice President by the Constitution.
In the context of the implementation of authority, even though lawmakers have a larger number of members of DPD, but the role of DPD in the Assembly are very large for example in terms of changing the constitution that must be attended by 2 / 3 members of the Assembly and dismiss the President who must be attended by 3 / 4 members of the Assembly the role of DPD in the authorization is a necessity.
In conjunction with the House, specifically regarding the implementation of the MPR session associated with the authority to dismiss the President and / or Vice President, the process can only be done if preceded by an opinion filed in the House of Representatives.
Furthermore, Article 24C Paragraph (1) of the 1945 Constitution states that one of the authority of the Constitutional Court is to rule on the dispute the authority of state institutions whose authorities are granted the Constitution. Because the position of the Assembly as a state institution and when the Assembly dispute with other state agencies that have the same authority specified by the Constitution, then the conflict must be resolved by the Constitutional Court.
2. House with the President, DPD, and MK.
Under the 1945 Constitution, the board now comprises representatives from DPR and DPD. The difference lies in the nature of both the interests they represent, the House of Representatives to represent the people while the DPD to represent the region. Article 20 paragraph (1) states that the parliament holds the power to form the law. Furthermore, to strengthen the position of Parliament as the holder of the legislative power in Article 20 paragraph (5) confirmed that in the event a mutually acceptable bill is not enacted by the President within 30 days since the bill was approved, legitimate and obligatory enacted into law. In connection with the DPD, there is a working relationship in this case has come memba ¬ bill relating to a particular field, DPD provide specific consideration of the bill, and submit the results of monitoring the implementation of certain laws in Parliament.
In conjunction with the Constitutional Court, there is a relationship that is working procedures in the House request to the Constitutional Court to examine the opinion of the Parliament about allegations that the President guilty. Besides, there are other such relationships work procedures in the case when there is a dispute with other state institutions, the process of nominating candidates for constitutional justice, and the process of filing an opinion stating that the House of Representatives President of guilt to be examined by the Court.
3. DPD with the House, CPC, and MK
Duties and powers relating to the House of Representatives DPD is filed in the case of a particular bill to the House of Representatives, joined together to discuss a particular bill with the House, giving consideration to the Parliament for a specific bill, and to convey the result ¬ supervision of the implementation of certain laws in Parliament. In this regard, the Council as a representative body which represents local authorities in running is to promote regional interests. In conjunction with the CPC, the DPD under the provisions of the Constitution to erima ¬ CPC examination results and give consideration during the selection of members of the CPC.
This provision entitles the Council to make the financial statements of CPC as an ingredient in order to carry out the duties and authority it possesses, and to help determine your CPC membership in the JOURNAL OF ASSEMBLY 29 n Vol. 1 No.1. August 2009. election of members of the CPC. In addition, the CPC report will be used as material to submit proposals and considerations regarding the state budget bill.
In relation to the Constitutional Court, there is a relationship work procedures related to the authority of the Court in the case when there is a dispute with other state institutions.
4. MA with other state institutions
Article 24 paragraph (2) stipulates that the judicial power made by a Supreme Court and judicial bodies underneath as well as by a Constitutional Court. The provision is stated peak power kehaki ¬ man and the rule of law is in MA and MK. The Supreme Court is an independent institution and should be free from the influence of the branches of power to another.
In conjunction with the Constitutional Court, the Supreme Court filed three (3) constitutional judges to be appointed as judges in the Supreme Constituent ¬ Tusi.
5. Constitutional Court by the President, Parliament, CPC, DFS, MA, KY
The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraph (1) and (2) is to adjudicate at the first and the last to get ¬ guji Act against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted the Constitution, decide upon the dissolution of political parties, and decide disputes about the election results. In addition, the Court also required to give ¬ Parliament decision on the opinion concerning alleged violations by the President and / or Vice President by the Constitution.
With these powers, it is clear that the Court has a good relationship working with all state agencies that if there are disputes between state institutions or in the event the judicial review filed by state agencies in MK.
6. CPC with the DPR and DPD
CPC is a free and independent institution to examine the management ¬ Laan and responsibilities of state finances and the assessments submitted to the DPR, DPD, and DPRD.
With CPC arrangements in the Constitution, there are developments which deny ¬ kut organizational form changes structurally and the expansion of the reach of examination duties functionally. Because the current investigation is also towards the implementation of CPC in areas of the state budget and shall submit the results were in addition to the House of Representatives also on the DPD and DPRD.
In addition to the state budget within the framework of inspection, relations with the DPR and DPD CPC is in the process of selecting members of the CPC.
7. With the Supreme Judicial Commission
Article 24A Paragraph (3) and Article 24B paragraph (1) asserts that the proposed candidate for the Supreme Judge of the Judicial Commission to the Parliament for approval. To ¬ existence of the Judicial Commission can not be separated from the power of the judiciary. From this provision that the office of judge is a position of honor that must be respected, maintained, and enforced his honor by an institution which also is independent. In conjunction with MA, KY tasks associated only with the function of proposing the appointment of Supreme Court Justices, while proposing the appointment of other judges, as judges of the Constitutional Court was not associated with KY.
C. Composition of Government Position in Indonesia.
Republic of Indonesia has the structure of governance. There are two main composition of the government at central and local levels of government. The composition of the central level of government are state agencies that provided for in the 1945 Constitution of the Peoples Consultative Assembly (MPR), the President, the Supreme Advisory Council (DPA), House of Representatives (DPR), the Supreme Audit Board (BPK), and the Supreme Court (MA .) MPR is the highest state institution. Other tertyinggi institutions called the highest state institution.
If the organizational structure of the central level, reflects all the branches of government and state functions in ununnya. This is not the same as local-level state organizations. The organizational structure of the regional level is limited to the structure of governance and regulation elements.
Central government does not melksanakan all administrative matters, but need help from the government unit is lower. Government affairs is a matter left to the region in areas with the supervision of central government (does not contain independence).
The composition of the local level of government provided for in the Act No.5 of 1974 on the main points of local government and the Act No.5 of 1979 on village governance.
While in the second level there are 2 composition of the government. The first is the organizational unit and the second is a body or organization. Organizational units are not fully-owned government official. Organizational unit associated with a policy guidance, the extension of government. Cooperatives and rural development unit is a partial example of organizational unit. Organization or entity is a state-owned enterprise or capital of the country. Organization or entity example is the authorities, institutions and so forth.
There are several types of organizations:
1. Specialization according to destination.
A division of labor according to the tugasdari a government agency in order to achieve the objectives of government. For example, the finance department has the task of tax collection.
2. Specialization according to the process.
The division of labor according to a particular work process that will provide services for other government organizations. One example is the civil improvements can be made by a particular agency.
3. Specialization according to customers or clients.
An example is the government body which deals with the problem of natural disasters or war.
4. Specialization by product.
Division of labor in business administration. As afanya government unit in charge of logistics of rice or a government body in charge of the mine.
D. State Institutions Up Of Regional Centre
1. People's Consultative Assembly
MPR has two power groups: the group task and group authority. Which includes the task is to establish the Constitution, establish guidelines, and select and appoint the President and Vice President. While the authority is to change the Constitution.
Constitution Article 3 that "because the People's Consultative Assembly held the sovereignty of the State unlimited powers ..."
2. House of Representatives
In Article 5, paragraph 1 "The President holds the power to form the Act with the approval of Parliament"
Parliament has the right of initiative in proposing the Draft Law, member approval in the case of President memnuat agreements with other countries, overseeing the administration
3. Supreme Advisory Council
Jawaba member is obliged to question the President and is entitled to submit proposals to the government. Because the institution inisebuah advisory body.
Itemized in accordance with Law No. 3 of 1967, Act No.4 of 1978, and Tap No.III/MPR/1978:
• DPA is a Government Advisory Board
• DPA is obliged to give an answer to the question of President
• DPA entitled to submit the proposal and shall give consideration to the government
State constitutional law was not to show avail DPA, and very difficult to place the member in accordance with the sovereignty of the people.
4. Supreme Court
MA is a State Supreme Court justice from all the agencies that run the power of the judiciary to function as stipulated in Law No.14 of 1970 and Law No.14 of 1985.
Powers MA:
• Giving and deciding appeals, disputes, and application review
• Provide legal advice to the President
• Test materially legislation
The composition of the Supreme Court ROBLEM as follows:
• Chief Justice
• Akil chairman Ma
• Some young chairman
• Supreme Court
• Registrar and the clerk's successor
5. Audit Board
Serves to examine the financial responsibility of the State. In performing their duties, free from the influence of CPC and the elements of power that other State.
Article 2 of Law No. 5 / 1973 on the tasks of CPC:
• Checking the responsibility of the Government of the State finances
• Monitor all the implementation of State Budget
And this is confirmed again in the Tap No.III/MPR/1978
a. Operator Central Level Government
• President
heads of state and head of the Indonesian government. As head of state, the President is the official symbol of the Indonesian state in the world. As head of government, the President is assisted by vice presidents and ministers in the cabinet, holds the executive power to carry out tasks of daily government. President (and Vice-President) has served for 5 years, and thereafter may be reappointed in the same position for one more term.
The powers, obligations and rights of the President, among others:
Hold the power of government by the Constitution
Hold the highest authority of the Army, Navy, and Air Force
Propose Bill to the House of Representatives (DPR). President discussing and giving approval for the bill with the House and signed the bill into law.
Establish the Government Regulation in Lieu of Law (in a crunch that forced)
Establish Regulation
To appoint and dismiss ministers
To declare war, make peace and treaties with other countries with the approval of Parliament
Making other international agreements with the approval of Parliament
To declare a state of emergency.
To appoint ambassadors and consuls. In lifting the ambassador, the President considering the recommendations of the House of Representatives
Receive placement ambassadors of other countries by taking into consideration the Parliament.
Give pardon, rehabilitation by taking into consideration the Supreme Court
Giving amnesty and abolition to considering the recommendations of the House of Representatives
Give the title, service marks, and other honors, regulated by Law
Opened member of the Audit Board is elected by Parliament with respect to consideration of the Regional Representatives Council
Establish justices from among candidates proposed by the Judicial Commission and approved by the House of Representatives
Establish the constitutional judges from candidates nominated President, Parliament, and Supreme Court
To appoint and dismiss members of the Judicial Commission with the approval of Parliament.
• Vice President
Vice President is the government positions that are one level lower than the President. Usually in order of succession, the vice president will take over as president when he was unable to temporary or permanent.
Vice President generally defined by the constitution by a country to accompany the president if the president runs the tasks of state in another country or if the president handed over the resignation of the presidency or obstacles in carrying out tasks such as experiencing the death of the president in office.
• Minister and Department
Minister to help the President carry out the affairs of government in specific areas in accordance with the duties and functions of the Department. Minister of State for the Department but did not lead the government duties in certain areas.
Presidential Decree No.45 of 1984 consisted of the Minister as chairman Departemet, Sekretarist General, Directorate General, Inspektora General, Regional Office, and others.
Duties:
led the Department of
determine government policy on
developing and carrying out cooperation with the Departments, Agencies, and other organizations.
• Non-Departmental
Central-level government body that runs the authority, duty and responsibility to organize the administration in certain fields, such as land, statistics, planning, and so forth. Is under and responsible directly to the President with a lower position than the Ministry.
Example:
Institute of Public Administration
The National Security and Defense Council
Logistics Agency
b. Local Government
According to Law No. 5 of 1974 consists of the head of local government and regional parliament. But the arrangement was changed. According to Law No.22 of 1948 and Law No. 1 of 1957 local government consists of the House of Representatives (DPRD) and the Local Government Council (DPD). The regional head of local government is the fittings.
A. Head of the Region.
Head area has 2 functions of the head of an autonomous region and the leadership that carries out general administrative affairs of the central government in the area. The regional head not responsible for the parliament. In the position as an element of local governments that implement autonomy and duty of assistance, the head region as an autonomous regional head performing their duties and authority as follows:
a. Leading the organization and responsible for the operations of local government.
b. Represent areas within and in the courts.
c. Enact regulations with the approval of Parliament.
d. Setting another decision by Atua without parliament approval.
e. Conducts stewardship, accountability and financial control areas.
Head area as Head area, have the duty and authority as the following:
a. Guide and oversee Parliament.
b. Maintaining peace and order area.
c. Carry out all operations and activities in the field of coaching idiologinegara and domestic politics.
d. Running coordination of activities among institutions oinstansi vertical and vertical and regional offices ..
e. Carry out government duties given to him.
f. Carry out government duties that are not included in the task of other agencies.
B. House of Representatives (DPRD)
Members of Legislative Assembly for the election and filled with rank and consists of representatives of organizations participating in the election.
There are several duties, powers, and duties of Parliament, namely:
a. Joint Head of the making of local regulations.
b. Give approval for the decree of the head area in a given field.
c. Establish Regional Budget (APBD).
Unlike the regional head, DPRD only carry out duties, powers and rights in the areas of autonomy and duty of assistance. In other words Parliament only control and manage the housekeeping area.
C. Tool Supplies elsewhere.
Local Government Secretary has also parliaments, regional secretary, agencies and regional development. If the secretariat staff performing their duties, agencies are implementing elements of the chores and tasks of assistance. Regional Advisory Board is a forum that gives opinions, suggestions and proposals relevant regional head with the regional administration.
D. Regional Finance.
Both the level 1 and 2 has two main sources of local finance, the local revenue (PAD) and pendapata originating from central or local government administration that is more top.
PAD consists of local taxes, retribution, the results from local companies, and other lawful income. Revenue derived from contributions of greater than PAD. In addition to PAD and donations, the area can also be entered into a loan. The loan is determined by the decision of regional head and go over parliament and minister in the country.
E. GOVERNMENT ACTION IN STATE LAW
Government legal action is action taken by the Board or Administrative Officer in conducting the affairs of government.
In state law, any government action should be based on law, because in principle there are countries wetmatigheid van bestuur or principle of legality. This principle determines that without a basis of authority granted by the legislation in force, then all sorts of government officials will not have the authority to influence or change the state or legal position of their peoples.
However, not always available every act of government laws and regulations that govern them. Can occur, under certain circumstances, especially when the government must act quickly to solve concrete problems in society, legislation is not yet available. In these circumstances, the government granted the freedom of action (discresionare power) is through freies Ermessen, which is defined as a facility that provides room to move for an officer or state administrative agencies to take action without having to be bound entirely on the law.
Freies Ermessen This raises implications for the government in the field of legislation, namely the birth right of initiative to create legislation that equal of the Act without the approval of Parliament, the right of delegates to make regulations under the law degrees, and droit function or authority to interpret its own rules which still is enunsiatif. According to Bagir Manan, government authority to establish regulations for several reasons, namely: First, understand the distribution of power emphasizes the differences in organ function rather than separation, because it is the function of the establishment of regulations should not separate from the function of governance; Second, the government's welfare state requires legal instruments to hold the general welfare; Third, to support the rapid societal change, encouraging public administration play a bigger role in the formation of legislation.
. Resources Authority of the Government Action Authority owned by the government boast in three cases, attribution, delegates, and mandate. Attribution is the granting of authority by the legislature itself to a government organ both existing and entirely new.
Chapter III
ANALYSIS
Organs or public office to conduct acts of civil law, legal mewakilibadan its parent, the most important thing-in the context of administrative law-adalahmengetahui organs or government positions in the legal actions that bersifatpublik. In administrative law that puts an organ or a public office sebagaisalah main object of study, know the characteristics of public office is something yangtak inevitable. Officials to act for and on behalf of office. According to E. Utrecht, karenadiwakili officials, the job runs. Parties who perform the rights and obligations that didukungoleh position is official. Position act with the mediation of officials.
Under the law, officials only menjalankantugas and authority, because officials have not ³ 'authority. Parties who have dandilekati is a position of authority.
The relationship between the levels in the government include the supervision or control and agreement among the officials in the same level. To maintain the relationship principles contained shall be considered, namely the principle of legality (under supervision authority under the Act), the principle of limited supervision, principles of motivation, and the principle of trust.
Governance does not always work as determined by the rules. Even the common governance has led to losses for the people of both due to abuse of authority (detournement de pouvoir) as well as arbitrary (willekeur). The act of arbitrary government occurs when the elements are met: first, the ruler who do legally to own the authority to do (there are essentially rules); second, in considering relevant in decisions made by governments, public interest element of less concern; third , the act was to cause damage to the concrete particular.
Another impact of this kind of governance is not well development and implementation of non-performance and service to community settings as appropriate. Efforts that can be done to improve the management of governance is, among others, with effective control through judicial supervision, supervision by the community, and supervision through ombusdman institutions. In addition, also by applying the general principles of good governance.
Chapter IV
CLOSING
A. CONCLUSION
The implementation of these functions is to make penormaan HAN power, basing on the principle of legality and requirements, thereby providing assurance of protection for both public administration and citizens. Efforts to improve governance, among others, with the supervision of the judiciary, community supervision, and supervision through ombusdman institutions. In addition, also by applying the general principles of good governance.
Local government in running the affairs of government have a relationship with the central government and with other local governments. These relationships include the relationship of authority, finance, public service, utilization of natural resources, and other resources. Financial relations, public services, utilization of natural resources, and other resources held in a fair and consistent. Authority relations, finance, public service, utilization of natural resources and other resources raises administrative and territorial relations antarsusunan government.
Indonesian State embracing presidential system of government where one character is a mechanism of mutual control and mutual balance between state institutions (checks and balances system) in performing duties, functions and authority.
For example:
• The mechanism of impeachment / dismissal procedures and / or vice president
presidential involving four state agencies as well, namely the president, the Assembly,
House of Representatives, and MK
• President in declaring war, making peace and agreement
with other countries should be with the approval of the Parliament (Article 11), it is also one form of the mechanism of checks and balances between the president and parliament
• In providing clemency and rehabilitation, the president should pay attention
consideration of the Supreme Court as the executor of the judicial function. In addition, the Supreme Court as the highest judicial institution is the most appropriate state agencies to give consideration to the president about it. This is a form of checks and balances mechanism between the president and MA
• Regarding the nomination of judges constitution whereby the president, parliament, and MA
each propose 3 candidates is one manifestation
mechanism of checks and balances between the president, Supreme Court, Parliament, and Constitutional Court.
• Regarding the discussion and ratification of the Bill which involves the MPR, DPR
and DPD.
B. ADVICE
The suggestions that can be given, among others:
• In order for governance goes well, then you should control the judiciary, communities, and institutions ombusdmen done effectively. In addition, the government should consider and apply the general principles of good governance
• The voice of conscience of the people erlu heard, because now is the era of honest and fair.
• In order to provide public services as well as possible, government should provide a space for private participation but the government must continue to intervene so that the quality of public services are maintained and the economically weak / poor people can still enjoy excellent public services especially health and education
REFERENCES
Hadjon, Philip M et al, Introduction to Government Administration Law, Gadjah Mada University Press, Yogyakarta, 2005.
Tjokroamidjojo, Bintoro, Introduction to Development Administration, Repro Jaya, Jakarta, 1974.
Atmosudirjo, Prajudi, State Administrative Law, Institute for Literacy, Jakarta, 1983.
Amir, Makmur & Reni Dwi Purnomowati, Representatives Institute, Center for Constitutional Law Faculty of Law University of Indonesia, Jakarta, 2005.
Gie, The Liang, Definition, status, and details of the science of the State administration, PNBIB, Yogyakarta, 1998.
Syafii'e, Inu Kencana, the administrative system of the Republic of Indonesia, PT Bumi Aksara, Jakarta, 2009.
HR, Ridwan, the State Administration Law, Rajawali Press, Jakarta, 2006.
http://dinulislami.blogspot.com/2009/11/tindakan-pemerintah-dalam-hukum.html
http://id.wikipedia.org/wiki/Lembaga_negara
http://id.wikipedia.org/wiki/Pemerintah_daerah_di_Indonesia
As a means of implementing and completeness of government that has the function of carrying out essential tasks and facultative State is the important role of this organ. The Government is also as subjects of law, has a range of actions both real and not real action. Legal action is the will of the organs of government that carries government due to the legal relationship or legal circumstances that exist so that the organs of government should not be handicapped because later cause legal consequences are not valid. Any legal action the government should always be based on applicable laws and regulations undanganyang in order to regulate and serve the public interest to be realized within the provisions of the relevant legislation.
In fact, not all administrative matters can be held solely by the organs of government because government complex memilikiurusan necessitating the involvement of the private sector with the cooperation. So we should know this wacanan. And the phenomenon is a government organization that wants wacanan we describe further. B. Problem Formulation
As for the problems studied in this paper, which can be formulated as follows:
1. What is the definition of governmental organizations?
2. How is the relationship between the levels in government?
3. How does the composition of the government position in the State of Indonesia?
4. What are the State institutions relevant from the center to the regions?
5. What is the legal action?
b. Library Review
Governmental organizations is one of the discussion in the State administrative law covering the relationship between timgkat-level organizations in government. Understanding, l governmental organizations, relationship levels, the composition of the government position in Indonesia, and State agencies from central to local.
In the book "The Lion Gie" about "Understanding the Status and Details of Administrative Sciences" in explaining that government organizations are not in the write down in detail. So for completeness of this paper, we take and combine the various literature relating to the organization pemeriintah, authority, levels, positions, and agencies in government, so this paper can conclude from the literature, including books karyaInu Syafii'ie Kencana, Bintoro Tjokroamidjojo, and so forth.
D. Methodology
1.Jenis research
This type of research is literature that is by taking the primary data from the literature on literatut-intensive review. The data we collect from some books. Any weakness of the book is closed by the excess of other books.
2.sifat Research
The nature of this research is descriptive and the normative that is presented describing the object being studied. The paper is historical, we study and write from time to time.
Chapter II
DISCUSSION
A. Understanding Government Organization
The main elements of the administration is the Organization as a sub-concept or tatakeragaan as a process of structuring a series of activities that form the framework for preparing a container for all the cooperation activities by classifying the jobs that must be shared duties among the officers who shall carry out, assign Javan authority and responsibility of each, as well as compile-woven fabric of working relationships among its officials, By conducted a series of activities which form tatakeragaan arrangement will create a framework of cooperation which Laim called the Organization. If associated with the organization so that the Government is bureaucratic tools to achieve national goals and objectives of Government.
Thus the purpose of the organization of government is
1.For divide the tasks of government so that it can be carried out efficiently and economically as possible.
2.Membatasi Regional Authority and responsibility of administrative units so as to keep based on basic legal and political oversight.
The organization is required to provide a structural framework for communication in order to move the implementation and coordination of the tasks of government are a lot of it, thus preparing the organization of government is simply a tool to achieve the goals of government organizations is also needed for the execution of duties of good government, has fundamental Territory law, authorities accountable.
In the literature there is the division of the nature of government that is bound kewengangan, Facultative and free, especially in relation to kewenanan creation and publication of decisions and decrees by people pemerintahan.Selain society organizations also have the authority to take actions hukumpemerintahan because government is subject to legal . As a rule of law subjak as other legal subjects perform various actions, either action or actions Hukum.Tindakan Real Real is not actions that are not relevant to the law and therefore did not result in consequences according to Law hokum.Tindakan RJHM Huisman, actions which by its nature can cause due to certain legal or legal action is action that is intended to create legal rights and obligations of result that is born of legal action is the consequences that have relevabsi with laws such as the creation of a new legal relationship, change or termination of the relationship there.
B. Depth-Level Intergovernmental Relations State Institutions
1. MPR with the House of Representatives and the Constitutional Court
The presence of MPR in the system of representation is seen as a typical feature of a democratic system in Indonesia. Membership of the Assembly which consists of members of Parliament and members of DPD showed that the MPR is still viewed as an institution because of its membership elected people's representatives in the general election. Elements of House members to reflect the principles of political democracy, while elements of the DPD to reflect the principle of regional representation for regional interests are not neglected. With the change in the position of the MPR, then the pe ¬ understanding manifestation of popular sovereignty was reflected in the three branches of power of representative institutions, the President, and holders of judicial authority.
As an institution, the Assembly has the authority to change and establish the Constitution, elect the President and / or Vice President in the event of vacancy of the President and / or Vice President, inaugurated the President and / or Vice President, and the authority to dismiss the President and / or Vice President by the Constitution.
In the context of the implementation of authority, even though lawmakers have a larger number of members of DPD, but the role of DPD in the Assembly are very large for example in terms of changing the constitution that must be attended by 2 / 3 members of the Assembly and dismiss the President who must be attended by 3 / 4 members of the Assembly the role of DPD in the authorization is a necessity.
In conjunction with the House, specifically regarding the implementation of the MPR session associated with the authority to dismiss the President and / or Vice President, the process can only be done if preceded by an opinion filed in the House of Representatives.
Furthermore, Article 24C Paragraph (1) of the 1945 Constitution states that one of the authority of the Constitutional Court is to rule on the dispute the authority of state institutions whose authorities are granted the Constitution. Because the position of the Assembly as a state institution and when the Assembly dispute with other state agencies that have the same authority specified by the Constitution, then the conflict must be resolved by the Constitutional Court.
2. House with the President, DPD, and MK.
Under the 1945 Constitution, the board now comprises representatives from DPR and DPD. The difference lies in the nature of both the interests they represent, the House of Representatives to represent the people while the DPD to represent the region. Article 20 paragraph (1) states that the parliament holds the power to form the law. Furthermore, to strengthen the position of Parliament as the holder of the legislative power in Article 20 paragraph (5) confirmed that in the event a mutually acceptable bill is not enacted by the President within 30 days since the bill was approved, legitimate and obligatory enacted into law. In connection with the DPD, there is a working relationship in this case has come memba ¬ bill relating to a particular field, DPD provide specific consideration of the bill, and submit the results of monitoring the implementation of certain laws in Parliament.
In conjunction with the Constitutional Court, there is a relationship that is working procedures in the House request to the Constitutional Court to examine the opinion of the Parliament about allegations that the President guilty. Besides, there are other such relationships work procedures in the case when there is a dispute with other state institutions, the process of nominating candidates for constitutional justice, and the process of filing an opinion stating that the House of Representatives President of guilt to be examined by the Court.
3. DPD with the House, CPC, and MK
Duties and powers relating to the House of Representatives DPD is filed in the case of a particular bill to the House of Representatives, joined together to discuss a particular bill with the House, giving consideration to the Parliament for a specific bill, and to convey the result ¬ supervision of the implementation of certain laws in Parliament. In this regard, the Council as a representative body which represents local authorities in running is to promote regional interests. In conjunction with the CPC, the DPD under the provisions of the Constitution to erima ¬ CPC examination results and give consideration during the selection of members of the CPC.
This provision entitles the Council to make the financial statements of CPC as an ingredient in order to carry out the duties and authority it possesses, and to help determine your CPC membership in the JOURNAL OF ASSEMBLY 29 n Vol. 1 No.1. August 2009. election of members of the CPC. In addition, the CPC report will be used as material to submit proposals and considerations regarding the state budget bill.
In relation to the Constitutional Court, there is a relationship work procedures related to the authority of the Court in the case when there is a dispute with other state institutions.
4. MA with other state institutions
Article 24 paragraph (2) stipulates that the judicial power made by a Supreme Court and judicial bodies underneath as well as by a Constitutional Court. The provision is stated peak power kehaki ¬ man and the rule of law is in MA and MK. The Supreme Court is an independent institution and should be free from the influence of the branches of power to another.
In conjunction with the Constitutional Court, the Supreme Court filed three (3) constitutional judges to be appointed as judges in the Supreme Constituent ¬ Tusi.
5. Constitutional Court by the President, Parliament, CPC, DFS, MA, KY
The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraph (1) and (2) is to adjudicate at the first and the last to get ¬ guji Act against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted the Constitution, decide upon the dissolution of political parties, and decide disputes about the election results. In addition, the Court also required to give ¬ Parliament decision on the opinion concerning alleged violations by the President and / or Vice President by the Constitution.
With these powers, it is clear that the Court has a good relationship working with all state agencies that if there are disputes between state institutions or in the event the judicial review filed by state agencies in MK.
6. CPC with the DPR and DPD
CPC is a free and independent institution to examine the management ¬ Laan and responsibilities of state finances and the assessments submitted to the DPR, DPD, and DPRD.
With CPC arrangements in the Constitution, there are developments which deny ¬ kut organizational form changes structurally and the expansion of the reach of examination duties functionally. Because the current investigation is also towards the implementation of CPC in areas of the state budget and shall submit the results were in addition to the House of Representatives also on the DPD and DPRD.
In addition to the state budget within the framework of inspection, relations with the DPR and DPD CPC is in the process of selecting members of the CPC.
7. With the Supreme Judicial Commission
Article 24A Paragraph (3) and Article 24B paragraph (1) asserts that the proposed candidate for the Supreme Judge of the Judicial Commission to the Parliament for approval. To ¬ existence of the Judicial Commission can not be separated from the power of the judiciary. From this provision that the office of judge is a position of honor that must be respected, maintained, and enforced his honor by an institution which also is independent. In conjunction with MA, KY tasks associated only with the function of proposing the appointment of Supreme Court Justices, while proposing the appointment of other judges, as judges of the Constitutional Court was not associated with KY.
C. Composition of Government Position in Indonesia.
Republic of Indonesia has the structure of governance. There are two main composition of the government at central and local levels of government. The composition of the central level of government are state agencies that provided for in the 1945 Constitution of the Peoples Consultative Assembly (MPR), the President, the Supreme Advisory Council (DPA), House of Representatives (DPR), the Supreme Audit Board (BPK), and the Supreme Court (MA .) MPR is the highest state institution. Other tertyinggi institutions called the highest state institution.
If the organizational structure of the central level, reflects all the branches of government and state functions in ununnya. This is not the same as local-level state organizations. The organizational structure of the regional level is limited to the structure of governance and regulation elements.
Central government does not melksanakan all administrative matters, but need help from the government unit is lower. Government affairs is a matter left to the region in areas with the supervision of central government (does not contain independence).
The composition of the local level of government provided for in the Act No.5 of 1974 on the main points of local government and the Act No.5 of 1979 on village governance.
While in the second level there are 2 composition of the government. The first is the organizational unit and the second is a body or organization. Organizational units are not fully-owned government official. Organizational unit associated with a policy guidance, the extension of government. Cooperatives and rural development unit is a partial example of organizational unit. Organization or entity is a state-owned enterprise or capital of the country. Organization or entity example is the authorities, institutions and so forth.
There are several types of organizations:
1. Specialization according to destination.
A division of labor according to the tugasdari a government agency in order to achieve the objectives of government. For example, the finance department has the task of tax collection.
2. Specialization according to the process.
The division of labor according to a particular work process that will provide services for other government organizations. One example is the civil improvements can be made by a particular agency.
3. Specialization according to customers or clients.
An example is the government body which deals with the problem of natural disasters or war.
4. Specialization by product.
Division of labor in business administration. As afanya government unit in charge of logistics of rice or a government body in charge of the mine.
D. State Institutions Up Of Regional Centre
1. People's Consultative Assembly
MPR has two power groups: the group task and group authority. Which includes the task is to establish the Constitution, establish guidelines, and select and appoint the President and Vice President. While the authority is to change the Constitution.
Constitution Article 3 that "because the People's Consultative Assembly held the sovereignty of the State unlimited powers ..."
2. House of Representatives
In Article 5, paragraph 1 "The President holds the power to form the Act with the approval of Parliament"
Parliament has the right of initiative in proposing the Draft Law, member approval in the case of President memnuat agreements with other countries, overseeing the administration
3. Supreme Advisory Council
Jawaba member is obliged to question the President and is entitled to submit proposals to the government. Because the institution inisebuah advisory body.
Itemized in accordance with Law No. 3 of 1967, Act No.4 of 1978, and Tap No.III/MPR/1978:
• DPA is a Government Advisory Board
• DPA is obliged to give an answer to the question of President
• DPA entitled to submit the proposal and shall give consideration to the government
State constitutional law was not to show avail DPA, and very difficult to place the member in accordance with the sovereignty of the people.
4. Supreme Court
MA is a State Supreme Court justice from all the agencies that run the power of the judiciary to function as stipulated in Law No.14 of 1970 and Law No.14 of 1985.
Powers MA:
• Giving and deciding appeals, disputes, and application review
• Provide legal advice to the President
• Test materially legislation
The composition of the Supreme Court ROBLEM as follows:
• Chief Justice
• Akil chairman Ma
• Some young chairman
• Supreme Court
• Registrar and the clerk's successor
5. Audit Board
Serves to examine the financial responsibility of the State. In performing their duties, free from the influence of CPC and the elements of power that other State.
Article 2 of Law No. 5 / 1973 on the tasks of CPC:
• Checking the responsibility of the Government of the State finances
• Monitor all the implementation of State Budget
And this is confirmed again in the Tap No.III/MPR/1978
a. Operator Central Level Government
• President
heads of state and head of the Indonesian government. As head of state, the President is the official symbol of the Indonesian state in the world. As head of government, the President is assisted by vice presidents and ministers in the cabinet, holds the executive power to carry out tasks of daily government. President (and Vice-President) has served for 5 years, and thereafter may be reappointed in the same position for one more term.
The powers, obligations and rights of the President, among others:
Hold the power of government by the Constitution
Hold the highest authority of the Army, Navy, and Air Force
Propose Bill to the House of Representatives (DPR). President discussing and giving approval for the bill with the House and signed the bill into law.
Establish the Government Regulation in Lieu of Law (in a crunch that forced)
Establish Regulation
To appoint and dismiss ministers
To declare war, make peace and treaties with other countries with the approval of Parliament
Making other international agreements with the approval of Parliament
To declare a state of emergency.
To appoint ambassadors and consuls. In lifting the ambassador, the President considering the recommendations of the House of Representatives
Receive placement ambassadors of other countries by taking into consideration the Parliament.
Give pardon, rehabilitation by taking into consideration the Supreme Court
Giving amnesty and abolition to considering the recommendations of the House of Representatives
Give the title, service marks, and other honors, regulated by Law
Opened member of the Audit Board is elected by Parliament with respect to consideration of the Regional Representatives Council
Establish justices from among candidates proposed by the Judicial Commission and approved by the House of Representatives
Establish the constitutional judges from candidates nominated President, Parliament, and Supreme Court
To appoint and dismiss members of the Judicial Commission with the approval of Parliament.
• Vice President
Vice President is the government positions that are one level lower than the President. Usually in order of succession, the vice president will take over as president when he was unable to temporary or permanent.
Vice President generally defined by the constitution by a country to accompany the president if the president runs the tasks of state in another country or if the president handed over the resignation of the presidency or obstacles in carrying out tasks such as experiencing the death of the president in office.
• Minister and Department
Minister to help the President carry out the affairs of government in specific areas in accordance with the duties and functions of the Department. Minister of State for the Department but did not lead the government duties in certain areas.
Presidential Decree No.45 of 1984 consisted of the Minister as chairman Departemet, Sekretarist General, Directorate General, Inspektora General, Regional Office, and others.
Duties:
led the Department of
determine government policy on
developing and carrying out cooperation with the Departments, Agencies, and other organizations.
• Non-Departmental
Central-level government body that runs the authority, duty and responsibility to organize the administration in certain fields, such as land, statistics, planning, and so forth. Is under and responsible directly to the President with a lower position than the Ministry.
Example:
Institute of Public Administration
The National Security and Defense Council
Logistics Agency
b. Local Government
According to Law No. 5 of 1974 consists of the head of local government and regional parliament. But the arrangement was changed. According to Law No.22 of 1948 and Law No. 1 of 1957 local government consists of the House of Representatives (DPRD) and the Local Government Council (DPD). The regional head of local government is the fittings.
A. Head of the Region.
Head area has 2 functions of the head of an autonomous region and the leadership that carries out general administrative affairs of the central government in the area. The regional head not responsible for the parliament. In the position as an element of local governments that implement autonomy and duty of assistance, the head region as an autonomous regional head performing their duties and authority as follows:
a. Leading the organization and responsible for the operations of local government.
b. Represent areas within and in the courts.
c. Enact regulations with the approval of Parliament.
d. Setting another decision by Atua without parliament approval.
e. Conducts stewardship, accountability and financial control areas.
Head area as Head area, have the duty and authority as the following:
a. Guide and oversee Parliament.
b. Maintaining peace and order area.
c. Carry out all operations and activities in the field of coaching idiologinegara and domestic politics.
d. Running coordination of activities among institutions oinstansi vertical and vertical and regional offices ..
e. Carry out government duties given to him.
f. Carry out government duties that are not included in the task of other agencies.
B. House of Representatives (DPRD)
Members of Legislative Assembly for the election and filled with rank and consists of representatives of organizations participating in the election.
There are several duties, powers, and duties of Parliament, namely:
a. Joint Head of the making of local regulations.
b. Give approval for the decree of the head area in a given field.
c. Establish Regional Budget (APBD).
Unlike the regional head, DPRD only carry out duties, powers and rights in the areas of autonomy and duty of assistance. In other words Parliament only control and manage the housekeeping area.
C. Tool Supplies elsewhere.
Local Government Secretary has also parliaments, regional secretary, agencies and regional development. If the secretariat staff performing their duties, agencies are implementing elements of the chores and tasks of assistance. Regional Advisory Board is a forum that gives opinions, suggestions and proposals relevant regional head with the regional administration.
D. Regional Finance.
Both the level 1 and 2 has two main sources of local finance, the local revenue (PAD) and pendapata originating from central or local government administration that is more top.
PAD consists of local taxes, retribution, the results from local companies, and other lawful income. Revenue derived from contributions of greater than PAD. In addition to PAD and donations, the area can also be entered into a loan. The loan is determined by the decision of regional head and go over parliament and minister in the country.
E. GOVERNMENT ACTION IN STATE LAW
Government legal action is action taken by the Board or Administrative Officer in conducting the affairs of government.
In state law, any government action should be based on law, because in principle there are countries wetmatigheid van bestuur or principle of legality. This principle determines that without a basis of authority granted by the legislation in force, then all sorts of government officials will not have the authority to influence or change the state or legal position of their peoples.
However, not always available every act of government laws and regulations that govern them. Can occur, under certain circumstances, especially when the government must act quickly to solve concrete problems in society, legislation is not yet available. In these circumstances, the government granted the freedom of action (discresionare power) is through freies Ermessen, which is defined as a facility that provides room to move for an officer or state administrative agencies to take action without having to be bound entirely on the law.
Freies Ermessen This raises implications for the government in the field of legislation, namely the birth right of initiative to create legislation that equal of the Act without the approval of Parliament, the right of delegates to make regulations under the law degrees, and droit function or authority to interpret its own rules which still is enunsiatif. According to Bagir Manan, government authority to establish regulations for several reasons, namely: First, understand the distribution of power emphasizes the differences in organ function rather than separation, because it is the function of the establishment of regulations should not separate from the function of governance; Second, the government's welfare state requires legal instruments to hold the general welfare; Third, to support the rapid societal change, encouraging public administration play a bigger role in the formation of legislation.
. Resources Authority of the Government Action Authority owned by the government boast in three cases, attribution, delegates, and mandate. Attribution is the granting of authority by the legislature itself to a government organ both existing and entirely new.
Chapter III
ANALYSIS
Organs or public office to conduct acts of civil law, legal mewakilibadan its parent, the most important thing-in the context of administrative law-adalahmengetahui organs or government positions in the legal actions that bersifatpublik. In administrative law that puts an organ or a public office sebagaisalah main object of study, know the characteristics of public office is something yangtak inevitable. Officials to act for and on behalf of office. According to E. Utrecht, karenadiwakili officials, the job runs. Parties who perform the rights and obligations that didukungoleh position is official. Position act with the mediation of officials.
Under the law, officials only menjalankantugas and authority, because officials have not ³ 'authority. Parties who have dandilekati is a position of authority.
The relationship between the levels in the government include the supervision or control and agreement among the officials in the same level. To maintain the relationship principles contained shall be considered, namely the principle of legality (under supervision authority under the Act), the principle of limited supervision, principles of motivation, and the principle of trust.
Governance does not always work as determined by the rules. Even the common governance has led to losses for the people of both due to abuse of authority (detournement de pouvoir) as well as arbitrary (willekeur). The act of arbitrary government occurs when the elements are met: first, the ruler who do legally to own the authority to do (there are essentially rules); second, in considering relevant in decisions made by governments, public interest element of less concern; third , the act was to cause damage to the concrete particular.
Another impact of this kind of governance is not well development and implementation of non-performance and service to community settings as appropriate. Efforts that can be done to improve the management of governance is, among others, with effective control through judicial supervision, supervision by the community, and supervision through ombusdman institutions. In addition, also by applying the general principles of good governance.
Chapter IV
CLOSING
A. CONCLUSION
The implementation of these functions is to make penormaan HAN power, basing on the principle of legality and requirements, thereby providing assurance of protection for both public administration and citizens. Efforts to improve governance, among others, with the supervision of the judiciary, community supervision, and supervision through ombusdman institutions. In addition, also by applying the general principles of good governance.
Local government in running the affairs of government have a relationship with the central government and with other local governments. These relationships include the relationship of authority, finance, public service, utilization of natural resources, and other resources. Financial relations, public services, utilization of natural resources, and other resources held in a fair and consistent. Authority relations, finance, public service, utilization of natural resources and other resources raises administrative and territorial relations antarsusunan government.
Indonesian State embracing presidential system of government where one character is a mechanism of mutual control and mutual balance between state institutions (checks and balances system) in performing duties, functions and authority.
For example:
• The mechanism of impeachment / dismissal procedures and / or vice president
presidential involving four state agencies as well, namely the president, the Assembly,
House of Representatives, and MK
• President in declaring war, making peace and agreement
with other countries should be with the approval of the Parliament (Article 11), it is also one form of the mechanism of checks and balances between the president and parliament
• In providing clemency and rehabilitation, the president should pay attention
consideration of the Supreme Court as the executor of the judicial function. In addition, the Supreme Court as the highest judicial institution is the most appropriate state agencies to give consideration to the president about it. This is a form of checks and balances mechanism between the president and MA
• Regarding the nomination of judges constitution whereby the president, parliament, and MA
each propose 3 candidates is one manifestation
mechanism of checks and balances between the president, Supreme Court, Parliament, and Constitutional Court.
• Regarding the discussion and ratification of the Bill which involves the MPR, DPR
and DPD.
B. ADVICE
The suggestions that can be given, among others:
• In order for governance goes well, then you should control the judiciary, communities, and institutions ombusdmen done effectively. In addition, the government should consider and apply the general principles of good governance
• The voice of conscience of the people erlu heard, because now is the era of honest and fair.
• In order to provide public services as well as possible, government should provide a space for private participation but the government must continue to intervene so that the quality of public services are maintained and the economically weak / poor people can still enjoy excellent public services especially health and education
REFERENCES
Hadjon, Philip M et al, Introduction to Government Administration Law, Gadjah Mada University Press, Yogyakarta, 2005.
Tjokroamidjojo, Bintoro, Introduction to Development Administration, Repro Jaya, Jakarta, 1974.
Atmosudirjo, Prajudi, State Administrative Law, Institute for Literacy, Jakarta, 1983.
Amir, Makmur & Reni Dwi Purnomowati, Representatives Institute, Center for Constitutional Law Faculty of Law University of Indonesia, Jakarta, 2005.
Gie, The Liang, Definition, status, and details of the science of the State administration, PNBIB, Yogyakarta, 1998.
Syafii'e, Inu Kencana, the administrative system of the Republic of Indonesia, PT Bumi Aksara, Jakarta, 2009.
HR, Ridwan, the State Administration Law, Rajawali Press, Jakarta, 2006.
http://dinulislami.blogspot.com/2009/11/tindakan-pemerintah-dalam-hukum.html
http://id.wikipedia.org/wiki/Lembaga_negara
http://id.wikipedia.org/wiki/Pemerintah_daerah_di_Indonesia
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