Legal Literacy - This article discusses the theory of state Administrative Law. The field of state administration can be viewed through the development of these theories as follows:
State Administrative Law Theory: Ekapraja (Ekatantra) Theory
In the 14th and 15th centuries, the general system of governance, especially in Europe, was absolute monarchy, where all state power was in the hands of the king. In such absolute monarchies, administration as state administrative law involved the creation of regulations (legislative), their execution (executive), and the maintenance of state administrative law in terms of supervision (judicial), all concentrated in the hands of the king, for his interests. The system of state administrative law was characterized by centralization and concentration. In this concentrated system, other state apparatus were merely assistants to the king and thus could not take initiatives on their own in performing their functions.
Thus, there was only one type of power, that of the king, hence the government of state administrative law is often referred to as Eka Praja government. In such states, the king could act arbitrarily, which resulted in the suppression and limitation of the freedom and independence of the citizens. The rights and freedom of the citizens were not recognized at all.
The arbitrary actions of the king led to the emergence of thinkers and scholars on state and law who wanted to break down the system of absolute monarchic state administrative law and sought a system that recognized and guaranteed individual rights and was protected by law.
State Administrative Law Theory: Dwipraja (Dichotomy/Dwitantra) Theory
An Austrian-German scholar, Kelsen, with his Die Reine Rechts Theorie, introduced a new school of law, the Vienna School, which divided all state power into two areas:
- Legis Latio, which includes the "law creating function";
- Legis Executio, which includes:
- Legislative power;
- Judicial power.
The task of Legis Executio is broad, encompassing the execution of the constitution and all laws established by the legislative power, including administrative and all judicial powers. Kelsen then divided the administrative power into two areas:
- Political function (referred to as government);
- Administrative function (in German "verwaltung", and in Dutch "bestuur").
This division into two areas is also called dwipraja or dwitantra. Nawiasky in his book "Alge-meine Staatslehre" divided all state administrative law activities into two parts.
- Normgebung, which involves the creation of legal norms and their enactment, freely choosing its objects as needed.
- Normvolisichung or executive function, which is bound by norms or laws that must be implemented.
Nawiasky divided normvolisichung into two parts:
- Hu Verwaltung or state administrative law government (pangreh);
- Rechtsplege or judiciary.
According to A.M. Donner, the distinction of state administrative law powers can be seen from the nature of the functions in a state, which can be divided into two groups:
- Powers that define the tasks (taakstelling) of government tools or powers that determine state politics;
- Powers that carry out the tasks determined or realize the previously determined state politics.
Frank J. Goodnow divided all state administrative law powers into a dichotomy:
- Policy making, which determines tasks and directions;
- Task executing, which carries out the tasks and directions of the state.
The theory that divides the functions of state administrative law into two functions is called the Dwipraja Theory.
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