SHS Web Conf.
Volume 54, 2018The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|Number of page(s)||7|
|Published online||14 November 2018|
The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative
Faculty of Law Kader Bangsa University, Palembang, South Sumatra, Indonesia
* Corresponding author: email@example.com
Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).
© The Authors, published by EDP Sciences, 2018
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