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LEGAL MALFUNCTIONS AND EFFORTS IN RECONSTRUCTING THE LEGAL SYSTEM SERVICE: A STATE ADMINISTRATIVE PERSPECTIVE

Enny Agustina Faculty of Law, Kader Bangsa University, Palembang, South Sumatra, Indonesia E-mail: [email protected]

Abstract

Implementation of the state and its administration duties in a state of law recognizes written law in the or the as stated in the . The constitutional law requires another law to implement technical issues, which is the state . This is a library re-search which aims to find out the malfunction of State Administrative Law as well as the attempt to reconstruct a solution for service law. To improve the given conditions, it requires reconstructing the legal system including legal structure, substance, and culture to change in the field of public service by restoring and providing service and to serve literally.

Keywords: state administrative law, malfunctions.

Abstrak

Pelaksanaan tugas pemerintah dan negara dalam negara hukum, ada aturan hukum yang ditulis dalam konstitusi atau aturan yang dikumpulkan dalam hukum konstitusi. Undang-undang konstitusi mensya- ratkan undang-undang lain untuk mengimplementasikan masalah teknis, yang merupakan hukum ad- ministrasi negara. Penelitian ini merupakan metode pengumpulan data yang menggunakan penelitian kepustakaan (library research). Tujuan penelitian adalah untuk mengetahui kerusakan hukum ad- ministrasi negara dan attendts untuk merekonstruksi sistem keluar menuju hukum layanan. Hasil pe- nelitian ini adalah untuk memperbaiki kondisi di atas, diperlukan merekonstruksi sistem hukum yaitu struktur, substansi, dan budaya. Itu diperlukan untuk berubah di bidang pelayanan publik dengan mengembalikan dan melayani layanan dan melayani untuk arti yang sebenarnya.

Kata kunci: hukum administrasi negara, malfungsi.

Introduction nistration duties in a law state recognizes law Comprehension of law cannot be separa- written in the constitution or the rules stated in ted from populist understanding since, at the the constitutional law. The constitutional law end, the law governs and limits the power of required another law to implementation techni- the state (government). Law is placed as the cal issues namely a state administrative law. primary regulation in the implementation of According to Marcell Waline, the define- statehood, government, and society, where the tion of state administrative law is all rules gov- objectives of law itself, among others, is to or- erning the activities of state administration ganize a peaceful, just, and meaningful society. which is not or judicial authorities It means that the purpose of law is to manifest determine the extent and limits of the power statehood, governmental and civic activities ba- either to the citizens or among the apparatus. sed on , peace, and usefulness or mean- All are defined with the require- ingfulness. In the state of law, the existence of ment how state administrative bodies obtain law functions as an instrument in organizing the rights and impose obligations to citizens to ful- life of statehood, government, and society.1 fill general needs.2 Given the state as a power The implementation of the state and its admi- 2 Jawade Hafidz. “Malfungsi HAN dan Upaya Melakukan 1 Ridwan H.R, 2003, Hukum Administrasi Negara, Yogya- Rekonstrusi Sistem Hukum”. Jurnal Hukum, Vol. 28 No. karta: UII Press, p. 25. 2, December 2012, p. 841. 358 Jurnal Dinamika Hukum Vol. 18 No. 3, September 2018

organization, state administrative law emerged law to the people, and from the governing law as a guided instrument in executing the power to the motivating law. of government and simultaneously as an instru- From the description above, it is import- ment to oversee the governmental power. The ant to find out the Malfunctions and Efforts in existence of state administrative law arises be- Reconstruction of the Legal System Services in cause of the implementation of state power and the perspective of State Administrative Law. government in a state law which demands the This paper focuses on understanding Malfunc- duties implementation of state, government tions and Efforts in Reconstruction of Legal Sys- and society on law. In the present time, the sta- tem Services from the Viewpoint of State Ad- te of law which has state administrative law and ministrative Law. apparatus is enormous as the state mandates the ruler to implement the interests and welfa- Discussion re of the people directly to optimize the state Malfunctions and Efforts in Reconstruction of function. Legal System Services from the State Adminis- In a welfare state, the task of the govern- trative Law Perspective ment in the implementation of the public inter- The state is a place for the nation to est is broad. Therefore, it is necessary to have achieve the ideals or goals of the nation. Coun- the freedom to move in the state administration try goals are more important than the order in in accordance with the authority granted. In the country itself. No country has no purpose. reality, the state administration in carrying out Indonesia's state objectives are stated in the its duties sometimes exceeds the limits of au- Preamble of the 1945 Constitution of the Re- thority set forth in the state administration law public of Indonesia in Paragraph Four, namely: which causes a state administrative law mal- "To form a State of the Republic of Indo- function. Various government implementation nesia that protects all the people of Indo- problems arise from malfunctions of state admi- nesia and all of Indonesia's bloodshed, and to advance the welfare of the world, nistrative law, for example in the case of the educate the lives of the nation, and to implementation of public services in the licen- carry out world order, eternal peace, and sing sector to be convoluted, slow, expensive ". and depleted, which is a barrier to economic “...to form an Indonesian state govern- development. ment that protects all Indonesians and all of Indonesia's bloodshed and to promote During this time, state administrative law shared prosperity, to educate the nation's consists of various regulations aimed to imple- life, and to carry out the world order ment government and administrative services to based on freedom, lasting peace and so- the public which tends to be used by certain cial justice ...” parties for their own interests. The service is In addition, the Elucidation of the Constitution basically for public. This means that the real 1945 of the State of the Republic of Indonesia bureaucrats provided the best service to the stipulates: "The Indonesian state is based on law community.3 The law is made to regulate com- (rechtstaat), not on the basis of mere power munity. The community obeys the law unless (machtstaat)". In that sentence it is clear that punishment will be imposed. It is ineffective the Republic of Indonesia is a legal state that and tends trigger violation instead. The para- aims to realize general welfare, founded on digm of law changes from the governing to Pancasila (state and welfare state law). Indone- the serving law from the people to law towards sia is a legal state that embraces the concept of a welfare state which aims to realize a state that embraces the concept of a welfare state. 3 Juniarso Ridwan dan Achmad Sodik Sudrajat, 2009, Hu- kum Administrasi Negara dan Kebijakan Pelayanan Pu- As a state law aimed at realizing general wel- blik, Bandung: Nuansa, p. 17-18 Legal Malfunctions and Efforts in Reconstructing The Legal System Service:… 359

fare, every activity is oriented towards the ob- citizens and state administra-tion in pursuing jectives achieved based on the applicable law justice.4 as a rule of activities of the state, government As a welfare state, the government's duty and people. in implementing the public interest turns broa- The state is demanded to play a further der. Therefore, it is necessary to have the flexi- role and intervene with aspects of people's lives bility moved within the state administrative in to achieve prosperity. To achieve the above ob- accordance with given authority. Thus, the jectives, the role of state administrators in broader the function of state administrative in real-izing services to the public has a strategic the welfare state, the broader the field of duty role. will be. Sunaryati Hartono states it is difficult to The state as a tool is usually analogous to imagine a modern state currently without any an ark that carries passengers to the welfare state administrative law. port (a just, safe and prosperous society). Just Based on the development of the tasks of looking at the country with such roles and func- government, especially in the teaching of the tions, it is said to have been explored. The welfare of the state which is given broad au- state is a social institution organized by the thority to the state of administration including community to fulfill vital needs, and as a social the authority in the field of , the rule state, the state is not destined to meet the spe- of law within, besides being made by the legis- cial needs of individuals and groups, but is in- lature, and also there are regulations that are tended to meet the needs of all people. To made independently by the state administra- achieve the goals of the state, the government tion. and authorities use the rules of the game based State administrative law is used as an ins- on truth, honesty and justice. Here it puts the trument for good governance. The implementa- importance of law for society or the state. tion of government is more clear in state admi- The law as a tool is a rule that prevents nistrative law, because it appears a concrete authorities from acting arbitrarily. Law is the relationship between the government and the limit of freedom between individuals and rulers community, the quality of government relations in every interaction, until the law becomes a with this community is at least used as a mea- protection and guarantee of the creation of sure of good governance. public peace. Without law, then chaos and ar- The implementation of public services is bitrariness arise. Vivian Bose said that law is the one of the government's efforts to realize pros- property of all humans (the is the in- perity, because the purpose of the Indonesian heritance of all humans). According to Sjachran, state is stated in the Preamble to the 1945 Con- Wet, there are five functions of law in relation stitution and the functions of state administra- to community life which are as follows: firstly, tion. In other words, public service is one of the directive, as a reference to form a society that concepts to achieve what is expected by the is achieved in accordance with the purpose of people and country. life of the state; secondly, integrative, as the In state administrative law, the imple- coach of national unity; thirdly, stable, as the mentation of public services is an obligation of keeper (including developmental outcomes) and the government apparatus. This is based on the keeper of harmony, and balance in the life of general definition contained in Attachment 3 of the state and society; fourthly, perfectness, as Number 63/Kep/M.PAN/7/2003 of Para- a perfection of the acts of state administration, graph I, point C: the term "Public Service" the as well as attitudes of citizens' acts in the life of fulfillment of the needs of people, community, the state and society; fifthly, corrective, both government agencies and legal entities as well

4 Yohanes Suhardin, “Peranan Hukum dalam Mewujudkan Kesejahteraan Masyarakat”, Jurnal Hukum Pro Justitia, Vol. 15 No. 3, July 2007, p. 270. 360 Jurnal Dinamika Hukum Vol. 18 No. 3, September 2018

as the implementation of the provisions of le- tation of public services as a result of the un- gislation". clear standard and service procedures then The emphasis is on the status of civil ser- complaints procedures of users of public servi- vants from the government , whose ces due to insufficient social pressure that for- job is to provide the best service to the people, ces the public service provider to improve their not for themselves or their groups. If you be- performance. lieve that the laws and regulations that underlie The previous studies by the National Law the work/ service system of the government bu- Commission show that legislation is prepared as reaucracy are oriented towards the interests of an "umbrella regulation" in the field of public the people and social justice, and run non-dis- services nationwide and it is barely explicit to criminatory, transparent, objective, and firm, present provisions which establish public com- then gradually people follow this pattern. plaints, public complaints standards and pro- The public at any time demands the qua- cedures. Moreover, the implementation of go- lity of public services from bureaucrats, even vernment affairs in a country of law subject to though the demands are often not in line with the laws and regulations in accordance with the what is expected because empirically the public principles adopted in a state of law, that is the services that have taken place so far still dis- principle of . Since the legislation con- play traits, which are convoluted, slow, expen- tains shortcomings and weaknesses, the exis- sive, and tiring. Such tendencies occur because tence of regulatory policy as a legal instrument people are still positioned as "serving" rather of state administrative occupied an important than "served". position especially in the modern legal state. There are three main problems faced by The interests of officials are often more dom- government officials as research conducted by inant than the interests of the people. As a re- the National Law Commission, namely:5 firstly, sult, efforts to rationalize the public service the low quality of public services held by some system are always hindered by the interests of government apparatus or state administration the officials. carry out duties and functions. This condition A fact that not all policies taken by go- occurs because within the framework of Indo- vernment officials to solve a particular problem nesia's positive administrative law was currently are effective results in the ineffectiveness of regulated on minimum standards of service qua- implementing the purpose of issuance the poli- lity but the compliance with minimum standards cy. In fact, several policies fail to function. In of public services was still not manifested in the such a case, the policy said that it is administra- implementation of the tasks of the government tive malfunction. The implementation of good apparatus; governance required accountability, transpar- Secondly, the long bureaucracy (red tape ency, openness, and law. The implementation bureaucracy) and the overlapping of duties and of a clean governance demands the freedom of authority induce to the implementation of pub- malpractices (maladministration) from the lic services long and through the convoluted ethics of state administrative. These good gov- process so the possibility of high cost economy, ernance principles are contained in Article 3 of the occurrence of abuse of authority, corrupti- Law Number 28 Year 1999 on the Implement- on, collusion and nepotism, and discriminatory ation of Clean Country and Free from Corrup- treatment. Thirdly, the lack of external control tion, Collusion, and Nepotism, that was: The of the public (social control) on the implemen- principle of legal certainty is a principle within a state of law that prioritizes the basis of le- gislation, propriety, and justice in every state 5 Septi Nur Wijayanti, "Hubungan Antara Pusat dan Daerah Dalam Negara Kesatuan Re-publik Indonesia Berdasarkan administration policy: firstly, the orderly prin- Undang-Undang Nomor 23 Tahun 2014". Jurnal Media ciple of state execution is the principles on Hukum. Vol. 23 No. 2, December 2016, p. 186. Legal Malfunctions and Efforts in Reconstructing The Legal System Service:… 361

which order, harmony, and balance in the con- principles of efficiency and effectiveness; third- trol of the state are held; secondly, ly, participatory, services that encourage public the principle of public interest is the principle participation in the implementation of public of prioritized public welfare in an aspiring, ac- services by paying attention to aspirations, commodating, and selective manner.The prin- needs, and expectations of society; fourthly, ciple of openness is principles that open them- equality of rights, services that do not discrimi- selves to the right of the people to obtain infor- nate seen from any aspect especially for tribe, mation that is true, honest and non-discrimi- race, religion, class, social status, and others. natory concerning the implementation of the The balance of rights and obligations, ser- state by paying attention to the protection of vices that consider the aspects of justice be- private, state, and state privileges; thirdly, the tween the giver and the recipient of public ser- principle of proportionality is the principle vices.7 Regarding the reconstruction of the legal which prioritizes the balance between the rights system, the writer starts from Lawrence M. and obligations of the state executive; fourthly, Friedman's concept of the three elements of the the principle of professionalism is principle that legal system, namely: firstly, the legal struc- prioritizes ethics-based expertise and the provi- ture, the framework or sequence of the law it- sions of applicable laws and regulations; fifthly, self; secondly, the real substance of law, rules, the principle of accountability is the principle norms and patterns of human behavior in the le- that determines any activity and outcome of gal system; thirdly, , human atti- exercise activities of the state and accountable tude toward law and legal system in which the- to the public or the people as the supreme so- re are trust, value, thought, and hope. vereigns of the state is in accordance with the In order to reconstruct the legal system provisions of applicable legislation. These prin- for public service, it takes a synchronization ciple is an unwritten legal rule as a reflection of among the three components of the legal sys- ethical norms of government which is observed tem above. Attempts to harmonize the legal and followed. system related to the imbalance between dif- The principle is also understood as gen- ferent elements of the legal system, which was eral principles which serve as the basis and pro- done by eliminating imbalances and adjusting to cedure in the exercise of a proper government. the different elements of the legal system.8 Thus, the implementation of the government According to Afan Gaffar, the law is not became better, polite, just, respectable, free in a state of vacuum but the entity which re- from tyranny, violation of the rules, acts of sides in an environment where the laws with abuse of authority and arbitrary acts. The pur- the environment occurs interrelated. The law is pose of public service to the public is to satisfy also the product of various elements, such as the community. politics, economics, social, culture, values, and To achieve the satisfaction, the quality of religion. Therefore, many legal ecosystems de- service excellence is required reflected from:6 pend on factors outside the law. Thus, the law transparency, services that are open, easy, and was not something supreme. The existence of accessible to all parties in need and adequately law because there are political, interests, eco- provided and easily understood; firstly, accoun- nomic, social, cultural, and others. tability, in terms that services accounted for is Thus, harmonization of the law was an in accordance with the provisions of legislation; attempt or processed to make restrictions on secondly, conditional, services are appropriate to the condition and ability of the giver and the 7 Simamora Janpatar. “Problem yuridis Keberadaan TAP recipient of the service while maintaining the MPR dalam Herarki Peraturan Perundang-Undangan Me- nurut Undang-Undang Nomor 12 Tahun 2011.” Jurnal Le- gislasi Indonesia. Vol 10 No.3, September 2013, p. 31. 6 Simamora Janpatar. “Analisis Yuridis Terhadap Model 8 Hikmawanto Juwana, Perspektif Hukum atas menmoran- Kewenangan di Indonesia”. Jurnal Mim- dum of understanding Helsinki, Mahkamah Konstitusi, Hukum. Vol. 25 No. 3, Oktober 2013, p.45. Jurnal Konstitusi. Vol. 2 No. 2. 2005, p. 36. 362 Jurnal Dinamika Hukum Vol. 18 No. 3, September 2018

differences with the existence of irregularities law is not retroactive. It means the law is only and contrary to the law.9 The law was formed applied to the event mentioned in the law, and on the basis of people's sovereignty, then the occurs after the law in force; (b) law was made law exist to serve the people. The law is used by a superior ruler and has a higher position; (c) only for the sake of a handful of people to fulfill special laws override general laws; (d) newly their interests then returned to original state. applicable law remove the previous law; (e) law Laws serve the needs of society so that is not contested. the law did not become obsolete because of the Second, factor. Govern- rapid development of society. The characteris- ment apparatus is one of the factors in the cre- tics contained in this paradigm are: first, cha- ation of improvement of public service. Because nges that tend to be followed by other systems the government apparatus was an element conditionally; second, the lost of law behind the worked in practice to provide services to the social change; third, rapid adaptation of the community. Hence, sociologically, government law to new condition; fourth, law as a function apparatus had a position or role in the creation of dedication; law evolves in accordance with of a maximum public service. the events; fifth, it means the events are not Third, facilities factors. The implementa- preceded.10 This paradigm is also called the tion of public services does not take place legal paradigm of adjustment of needs. It im- smoothly and orderly if without any supporting plies that the law moved quickly to adjust to facilities. The facilities include educated human the developments that occur in society.11 resources, good organization, adequate equip- Furthermore, social changes affect on le- ment, and sufficient finances. Unless, it was im- gal changes which is not necessarily followed by possible for the purpose of public service achie- the need directly in the form of legislation. ved properly or in line with expectations. Al- However, the needs of the legal community though legal factors, law enforcement appara- were able to be followed in such a way to guar- tus, and public legal awareness are well met, if antee justice, legal certainty continue pre- they are not adequately provided, undoubtedly served. it will not materialize a good public service.12 Soerjono Soekanto argued that law en- Fourth, community factors. Basically, the forcement situated in the factors that influence implementation of the public service for the it. The factor has a neutral meaning, so the po- community, and therefore the people who need sitive or negative impact situated in the sub- various services from the government as the stance or content of the factor. These factors ruler of the government. Society has an exist- are: first, legal factor. The law was easy to en- ence in service, because in the context of pub- force if the rules or laws functions as a source lic service society come from the public (pub- of law support for the law enforcement. In lic), where the main purpose created the wel- particular, the legislation is in accordance with fare of society as a whole.13 Therefore, if view- the need for the creation of public service. ed from a certain corner, then the community Then a law becomes a source of law and to be affects the creation of the implementation of enforced by following the principles below: (a) good public services. That was, the public sup- ports the public service improvement activities 9 See too Tedi Sudrajat, Et.Al., “Harmonization of regula- that were actualized through legal awareness. tion in water territorial management becoming a fair economic benefit distribution towards regional auton- omy”, E3S Web Conf. 2nd Scientific Communication in Fisheries and Marine Sciences (SCiFiMaS 2018), Vol. 47, 2018, p. 1-6. 12 Sularno, M. “Upaya Pembentukan Hukum Positif di Indo- 10 Khumadi, “Pemisahan dan Pembagian Kekuasaan Dalam nesia”. Jurnal al-Mawarid, Vol. 16 No. 2, December Konstitusi Perspektif Desentralisasi”. Jurnal Kebangsa- 2006, p. 211. an, Vol. 6 No. 1, September 2012, p. 23. 13 Setiadi, Wicipto. “Pembangunan Hukum dalam Rangka 11 Muntoha, “Demokrasi dan Negara hukum”. Jurnal Hu- Peningkatan Supremasi Hukum”. Jurnal Rechtsvinding, kum, Vol. 16 No. 3, July 2009, p. 27. Vol. I No. 1, April 2012, p. 1. Legal Malfunctions and Efforts in Reconstructing The Legal System Service:… 363

Fifth, cultural factors. Culture was al- vely. On the other hand, clear rules also protect most the same factor as society. Viewed from the public from the arbitrary acts of state the socio-cultural system, the Indonesian state administration. itself has a plural society with many characte- ristics. The objectives in the implementation of Conclusion public services are not generalized as they have Based on the explanation above, it can be different characteristics in each community in concluded several things. The law of state ad- each region. Cultural factors in manifesting ministrative enables the administration of the good service delivery basically include the va- state to perform functions and protect the state lues underlying the prevailing laws, the values administrative of the state from committing were abstract conceptions of what is good, de- wrongful acts on the law. However, in imple- ent and bad. menting the public interest, it takes the free- The rapid change in the political system dom in the state administrative in accordance in Indonesia brings about the issue of law and with the given authority. In fact, the state ad- public service becomes a central issue that re- ministrative in performing the duties, some- quires the structure of the system, both the le- times exceeds the limits of authority set forth gal system, the state administration, and the in the laws of state administrative so there was more participatory public services.14 Govern- malfunctions of state administrative law. The ment tasks run by the government apparatus implementation of public services was hampe- are more carried out in accordance with the red by the interests of the state administrative wishes and their own way of thinking, changing who tends to prioritize the interests of state ad- to the conditions that allow the creation of bu- ministrative rather than the public. To improve reaucratic climate and state apparatus that the conditions above, reconstructing the legal serve the people (public servant). system, structure, substance, and legal culture It is not difficult to realize if a strong is required. political will from the government seen the ap- paratus of government as the executor of the Suggestion country right now and approach increasingly Based on the discussion on malfunctions faced to global complexity. This role is able to and efforts in reconstructing the legal system anticipate and accommodate all forms of cha- service from the perspective of State Adminis- nge. This condition is possible because of the trative law, the writer provides suggestions as government apparatus in position as a formula- follows. To run governance in accordance with tor and policy maker, as the lead implementer the prevailing laws and regulations, the govern- of all laws and regulations.15 ment requires a code of ethics for state admin- The governance implementation particu- istration. Thus the state administration shall larly the service to the public by the govern- take action. Moreover, it also needs a public ment apparatus goes well if there is a law or service that serve the public as they should be. regulation that clearly regulates the existence In addition, harmonization of the three system and procedure of service. The clear and trans- components of the legal system is required. parent procedures are important not only for the bureaucracy but also for the community as References service users of the bureaucracy. Unless, bu- Bilder, Richard B. “The role of states and cities reaucracy did not work efficiently and effecti- in foreign relation”. American Journal of . Vol. 83 No. 5. Octo- ber 2008. Pp. 23-29. DOI: 10.2307/220 14 Richard B. Bilder, The role of states and cities in foreign relation, USA, American Journal of International Law, 3371; Vol, 83, No.5, Oktober 2008, p. 23 Hafidz, Jawade. “Malfungsi HAN dan Upaya Me- 15 E Saefullah Wirapradja, Mengkaji Kerjasama Antara Pe- lakukan Rekonstrusi Sistem Hukum”. Jur- merintah dengan Pihak Asing,Bandung : Jurnal Ilmu Hu- kum Syiar Madani, Vol. V No. 2, July 2009, p.23. 364 Jurnal Dinamika Hukum Vol. 18 No. 3, September 2018

nal Hukum. Vol. 28 No. 2. Desemeber Setiadi, Wicipto. “Pembangunan Hukum dalam 2012. Pp. 841-860; Rangka Peningkatan Supremasi Hukum”. Janpatar, Simamora. “Problem Yuridis Kebera- Jurnal Rechtsvinding. Vol. I No. 1. April daan TAP MPR dalam Herarki Peraturan 2012. Pp. 1-15; Perundang-Undangan Menurut Undang- Sudrajat, Tedi. Et.Al. “Harmonization of Regu- Undang Nomor 12 Tahun 2011”. Jurnal lation in Water Territorial Management Legislasi Indonesia. Vol 10 No. 3. Sep- Becoming A Fair Economic Benefit Distri- tember 2013. Pp. 31-40; bution Towards Regional Autonomy”. E3S ------. “Analisi Yuridis Terhadap Model Kewe- Web Conf. 2nd Scientific Communication nangan Judicial review di Indonesia”. in Fisheries and Marine Sciences (SciFi- Jurnal Mimbar Hukum. Vol. 25 No. 3. MaS 2018). Vol. 47. 2018. Pp. 1-6. DOI: October 2013. Pp.45-56. DOI: 10.22146/ 10.1051/e3sconf/20 184706004; jmh.16079; Suhardin, Yohanes. “Peranan Hukum dalam Me- Juwana, Hikmawanto. “Perspektif Hukum atas wujudkan Kesejahteraan Masyarakat”. memorandum of understanding Helsin- Jurnal Hukum Pro Justitia. Vol. 25 No. ki”. Jurnal Konstitusi. Vol. 2 No. 2. 3. July 2007. Pp. 270-282; 2005. Pp. 36-50; Sularno, M. “Upaya Pembentukan Hukum Positif Khumadi. “Pemisahan dan Pembagian Kekuasa- di Indonesia”. Jurnal al-Mawarid. Vol. 16 an Dalam Konstitusi Perspektif Desentra- No. 2. December 2006. Pp. 211-219; lisasi”. Jurnal Kebangsaan. Vol. 6 No. 1. Wijayanti, Septi Nur. "Hubungan Antara Pusat September 2012. Pp.23-30; dan Daerah Dalam Negara Kesatuan Re- Muntoha. “Demokrasi dan Negara hukum”. Jur- publik Indonesia Berdasarkan Undang- nal hukum. Vol. 16 No. 3. July 2009. Pp. Undang Nomor 23 Tahun 2014". Jurnal 27-34; Media Hukum. Vol. 23 No. 2. December 2016. Pp. 186-199; Ridwan, HR. 2003. Hukum Administrasi Negara. Yogyakarta: UII Press. Wirapradja, E Saefullah. “Mengkaji Kerjasama Antara Pemerintah dengan Pihak Asing”. Ridwan, Juniarso and Achmad Sodik Sudrajat. Jurnal Ilmu Hukum Syiar Madani. Vol. V 2009. Hukum Administrasi Negara dan No. 2. July 2009. Pp 23-30. Kebijakan Pelayanan Publik. Bandung: Nuansa;