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Secretary-General M. Guntur Hamzah giving a public lecture for the Law Faculty of the University of Borneo, Tarakan, Wednesday (16/6/2021). Photo by Humas MK/Bayu.

Wednesday, June 16, 2021 | 15:04 WIB

JAKARTA, Public Relations—Secretary-General of the Constitutional Court (MK) M. Guntur Hamzah delivered a public lecture on ““Beschikking, Discretion, Positive Fictitious Petitions, and SIKD in the Perspective of State Administrative Law”” for the Law Faculty of the University of Borneo, Tarakan (FH UBT), Wednesday, June 16, 2021. The moderator for the lecture was FH UBT lecturer M. Ilham Agang. FH UBT Dean Yahya Ahmad Zein, Deputy Dean Nurasikin, head of the Law Study Program Zulvia Makka, and secretary of the Law Study Program Inggit Akim were in attendance.

In the lecture, Guntur discussed the attributes of state administrative law, which regulates all aspects of bureaucracy and governance. He believes that constitutional law is related to the status of state institutions, while state administrative law is related to the concept of authority of a state institution. Therefore, he added, the state administrative law must be observed as a dynamic subject.

He then talked about Carol Harlow and Richard Rawlings’ red light and green light theories of state administrative law. He highlighted the fact that the law wasn’t introduced in Indonesia until 2014, when it was then put in the State Administrative Law. However, it had been around for quite some time in other countries such as Spain, Austria, and the United States.

“But the most important thing about this law is that governance must have a clear legal umbrella. In the judicial, legislative, and executive institutions there must be a legal umbrella within the framework of government administration," he explained.

Next, Guntur explained that in the administrative law, the government and the people are equal. This means that products issued by the government must be devoted to the interests of the people. In line with this, the people can also participate in policies that have been outlined by the government in various norms for the administration of the state. “So, this is what is called a symbiosis between the government and the people in relation to state administration,” he explained.

After the lecture, the participants were welcomed to a Q&A session. Miftakhul Shodikin asked about the relevance of political considerations in making discretionary decisions. Guntur replied that in discretion, all decisions will be made by officials subjectively with holistic considerations, including on the political aspect.

https://youtu.be/rT78PoEYGDQ

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 6/18/2021 10:57 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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