Issue |
SHS Web Conf.
Volume 54, 2018
The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|
|
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Article Number | 03018 | |
Number of page(s) | 8 | |
Section | Administrative Law | |
DOI | https://doi.org/10.1051/shsconf/20185403018 | |
Published online | 14 November 2018 |
Discretion as Freedom of Action in Administering Governance
Faculty of Law, Jenderal Soedirman University, Purwokerto, Central Java, Indonesia
* Corresponding Author: siti_kunarti@yahoo.co.id
The concept of discretion in public administration basically brings significant positive energy when viewed in the perspective of virtue for the morality-based governance (law). Government as the holder of discretion power holds an important power, yet not for itself. In this way, in exercising discretion, government not only may take actions out of the specific prescription in the law, but also may take actions contradicting the law for common good. Such actions are justifiable as long as they are intended for public interest and public good; not for the sake of itself. Such action cannot be blamed within public administration, as long as the purpose is in accordance with the purpose of the state’s constitution for common good and prosperity.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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