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Public service is one of the important foundations of governments in delivering citizens' expectations. Public service, in order to provide citizens with the expectation of this requires the consideration of principles such as equality, compliance, continuity, rule of law, accountability, transparency, so that public officials, taking into account the above principles, perform public services and take unfair, improper decisions. And contrary to the public interest, this research, while explaining the concept of public service, examines the new principles governing it.
Agency or State Administration Official (state administration office) has wide authority in carrying out government affairs (executive). With such wide authority it tends to be misused so as to cause harm and injustice on the part of the community, therefore there must be other institutions that control it. Based on the theory of political trias politics of the executive is politically controlled by the legislative and judicially controlled by the judiciary, because the state administrative officer executive function, the judicial jurisdiction that controls juridically is the court of state administration. In addition, Public services are the basic social rights of the society (social rights). Social rights is the right to receive, the right to receive from the government, therefore the government is obliged to provide the best service to the public. However, in the implementation of public services has not been obtained by the community well. The Governance and Decentralization Survey (GDS) 2002 found three important issues that occur in the field of public service provision: first, the magnitude of service discrimination, Secondly the absence of certainty of cost and service time; third, low level of public satisfaction on public services. From this situation opens opportunities for government officials to perform maladministration actions in public services. The number of maladministration actions in public service can be proven with data that has been reported by Ombudsman RI every year the graph always go up. Therefore, the construction of legal responsibility for maladministration actions carried out by government officials in public services should be reformulated immediately. Public service is a constitutional obligation for government organizers. This is as stated in the preamble of the 1945 Constitution of the State of the Republic of Indonesia of the fourth paragraph, namely:"Later than that to protect the whole Indonesian nation and the whole of Indonesia's blood sphere and to advance the general welfare, educate the life of the nation, and, The sentence affirms that the government of the State of Indonesia was formed to provide protection for the nation of Indonesia, for all the people of Indonesia, the government was also formed to ensure the fulfillment of human rights protection and inner welfare and intelligence for all the people of Indonesia. Public service is a fundamental right for citizens to be met by the state and government officials. This is done because the public service is an integral part of the state's obligation to prosper the people. Public service is not
State administration office as state agency has broad authority in executing government affairs. This widespread authority tending to be misused so could cause loss and injustice on the part of society, therefore there must be other institutions that control it. Based on some political theory, executive as state agency are politically controlled by legislative and are juridical controlled by a judiciary, so state administrative officials carry out executive functions so juridical control judiciary are state administrative courts. In addition, public service is the social rights of society (social rights). Social rights are the rights to receive and the rights to receive from the government, therefore the government organizer is obliged to provide the best service to the community. However, the implementation of public services has not been well received by the community. Governance And Decentralization Survey (GDS) 2012 found three important issues that occurred in the field of public service delivery, first, the magnitude of service discrimination, Second, there was no certainty of cost and time of service, third, low level of public satisfaction with public service. From this situation opens the opportunity for government organizers to perform maladministration actions in public service. The number of maladministration actions in public service can be evidenced by the data reported by the Ombudsman, every year its charts always rise. Due to the construction of legal accountability for maladministration actions undertaken by government organizers in public service must be immediately re-established.
Along with globalization, the state apparatus has undergone a significant transformation both structurally and functionally like all the other structures and processes. The state increasingly lost its independence in exercising authority, making regulations and performing audit function; and declined to share its power with many actors which exist on local, national, international and global scale. The process of globalization led to an increase in the awareness of individuals in shaping their own life styles and claiming their own rights. Thus, individuals become more active in taking the control of their lives in their hands and improving and changing it for the better. Citizens expect better, more qualified, more efficient and more effective public service from the state in this process. Admittedly, in meeting these expectations, in addition to the fulfilment of basic principles of public service by the state, citizens must have such a perception. In this study, how the citizens evaluate the implementation of basic principles of public service by education, income and age groups will be analyzed by a field survey. Thus, depending on the resulting outcome, how much citizens has become aware of the effectiveness and efficiency of the public services in the process of globalization will be tried to be determined.
Journal of Asian Multicultural Research for Economy and Management Study
Public Management: A New Public Service Oriented Concept of Public Service2021 •
This article discusses the application of the new public service concept in serving the public. This is based on the Public Administration Problem in its development which has gone through several stages. As one of the countries in the world, of course, it is part of the global administration system, which always develops in accordance with the development of contradictions and mutual relations between nations in the world. So that the implementation of the new public service can have an impact on the implementation of the New Public Service with an awareness of the real role of the state. It is no longer authoritarian or still chooses who has the right to receive services from the State. In the current context, the practice of Public Administration has led to the principles of the New Public Service paradigm.
The purpose of this study is to analyze, explain and find the essence of public services in realizing good governance, To analyze and find supervision of public services in realizing good governance, research method used is empirical normative, namely research on the implementation of legal rules pertaining with good public services and good governance.
There is no doubt that adoption of a special Law on Public Services, the purpose of which was incorporation and unification of norms regulating all major issues related to rendering public services in a single legal act is a significant contribution to the formation of legislation in the sphere of public services provision. However, it is too early to talk about complete formation of a comprehensive legal framework for the provision of public services. Given the lack of the results on state monitoring of enforcement of the Law on Public Services, the major objective of this analysis was to identify certain problems resulting from insufficient legal regulation of social relations in the field of public services rendering and the recommendations for improving certain provisions of the concerned law and normative legal acts to ensure its implementation.
SLSA 2018 Book of Abstracts
The Equality Principle in Public ServicesIn general, the term ‘equality’ is used as if it already represents the interests of all groups in society. However, in reality, equity is not explicitly mentioned as a common good. The most obvious place that we see it in the public services. Equality, as a reference norm and founding principle of the human right text, is a guarantee and way of realization of rights and freedoms take shape in public services, concretely. A broad sense of the concept of equality strictly depends on public service and social rights but not only the equality before the law. Public services should be especially evaluated by basic concepts and principles such as equality, social justice, and non-discrimination. Once administration or legislative power constitute a public service it must to comply with this principle when is being implemented to people. Once a service established a public service, needs of disadvantaged groups like women, disabilities, and children must be considered. This is a requirement of the principle. Equality is a fundamental notion and tenet in law that control the process of rule-making and its implementation in policy decisions, medium-term plans, programme budgets, and institutional structures and processes. This paper will examine what is the principle in administrative law regarding public services. Should administration or legislative power take into consideration any identify (women, disabilities, religion) when constituting any public service? This question derived from some practices in Turkey. This paper will try to address that position of the principle in judicial decisions, administrative and legislative decisions in Turkey. It will be tried to classify how it is understood and implemented in practice the concept of equality in these aforementioned decisions. This paper will address the principle of equality in this context.
Agora International Journal of Juridical Sciences
Considerations on the Necessity of Using the Concept of Public Administration in the Constitutional Foundation of Public Administration in the Future Constitution2013 •
Beginning with the current social reality which described political actors preoccupiedwith the review of the Romanian Constitution, the present paper outlines the idea that the newRomanian Constitution has to offer, more than ever, the foundation for a clear, precise,coherent and concise legislation. This necessity is felt in all the areas related to the social life,but especially in public administration. Given that it is the moment for debates at the level ofthe society regarding how the future Constitution must look like, it has been asserted asappropriate to recall into discussion an idea stated since 2003 at monograph level. Accordingto this idea, in the activity of molding the system of structures exerting public powerprerogatives in general and molding the Romanian administrative system in particular, it isnecessary and useful to use the concept of public institution as construction element used tocraft the architecture the legislator desires. The proposal is argued as a crit...
Journal of Security and Sustainability Issues
Necessity of Public and Private Interest Harmonisation in Public Service for the Aims of Sustainable Development of the State2015 •
We subsist under the law where we claim our rights and obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension of public power and private interests could be one reason as well as offer a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary one in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law may shape a legal plane of bureaucracies or public administration, and guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore the justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status.
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