Authority of Discretion of Regional Heads in Government Implementation to Make Public Welfare

Abstract

Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that the State of Indonesia is a rule of law, which implies that the system of governance of the Republic of Indonesia must be based on the principle of people's sovereignty and the principle of a rule of law.Basically, discretion is inherent in the government in line with the increasing demands for public services that the government must provide for the socio-economic life of citizens of a very dynamic developing state. In essence, the giving of discretion is the granting of authority, and in relation to the granting of that authority in administrative law there is no authority without accountability. This can be interpreted that in the use of discretion there is responsibility.Discretionary actions or legal actions from government positions carried out by office holders or government officials as an organ of government, need to be balanced by institutions or bodies that have a role as a control agency. Thus the legal position of government officials has a high level of prudence, and has compliance based on the concept of public law as representatives of government positions or organs, and their discretionary actions can be accounted for by policy actors.

Keywords: Authority, Secretion, Regional Head and Government Administration

DOI: 10.7176/JLPG/103-04

Publication date: November 30^th 2020