[Unpad.ac.id, 19/10/2016] In any given situation, government officials have the right to exercise discretion for smooth governance and meet the public interest. Discretion also been regulated in Law Number 30 Year 2014 on Government Administration. However, there are times when officials hesitate in doing discretion for their criminal threats.
Professor of Criminal Law, University of Indonesia, Prof. Topo Santoso, SH., MH., Ph.D., revealed that the criminal law should not be “blind eye” to the discretion committed by government officials. If the official action was justified in administrative law, criminal law should be able to regard the act as an act that does not violate the law.
During this time, many officials are hesitant issued a specific policy that has not been set in legislation for fear of breaking the law. In fact, legally administration policies that can be considered true, as long as the policy is not for personal benefit but for the benefit of the public.
“Supposedly officials who perform discretionary, actions or policies issued earlier, it should be protected,” said Prof. Topo as one of the speakers at the National Seminar on Administrative Law “Legal Liability Discretion Post-Applicability of Law Number 30 Year 2014 on Government Administration” in the Library Auditorium Mochtar Kusumaatmadja Faculty of Law, Universitas Padjadjaran, Jl. Dipati Ukur No. 35, Wednesday (19/10).
Discretion also has a set limit. Among them is done by the authorities to fill the legal vacuum and provide legal certainty, good faith for the sake held his government according to the general principles of good governance, it is not contrary to the laws and regulations related, there are no conflicts of interest in it, and does not harm the state.
Another speaker, Professor of HAN and HTN Parahyangan University, Prof. Dr. Warlan Asep Yusuf, SH, M.H. explained the reason why the discretion should be regulated in an Act. According to him, the administrative law is growing, complex, and dynamic so that the required legal certainty to the Act. In addition, the Act requires an increasing number of officials who make the rules, especially related to the administration, as well as the effects of acceleration in regulatory changes.
Prof. Asep explained that discretion is not considered a deviant act if there is no criminal act such as accepting bribes or gratuities. In addition, the need for an objective and rational study, which proves that they do not lead to a bad intentions. Policies should also lead to a general interest.
Meanwhile, Deputy Head of Institutional and Governance Ministry of Administrative Reform Rini Widyantini, SH., MPM., revealed that in addition to protecting government officials from criminalization, Law on Government Administration was also given legal protection to the public.
“This law allows citizens to file objections and appeals against decisions and actions of Government Administration detrimental to the interests of society,” said Rini.
This seminar was officially opened by the Vice Rector of Governance and Resources Universitas Padjadjaran Dr. Sigid Suseno, SH., M. Hum. The event also featured speakers of Chairman of the Chamber of Environmental Affairs TUN Supreme Court Justice Dr. Supandi, SH, M.H and Director of the State Administration to the Attorney General for Civil and State Administrative Attorney RI, Johannis Tanak, SH., MH. *
Reported by Artanti Hendriyana / eh
