According to G Radbruch philosophie in the Rechts is the science of the laws in force in a particular country or society at a particular moment or so-called ius constitutum, (not constituendum or ius ius naturale or natural law.) As the reaction of the ratio scripta. as a reaction of natural law derived from divine revelation. As a correction for us, that opinion is wrong. Science in the world is just like a drop of water from the ocean Object arranged once the subject (doer), so that the scientific method is used scientific method humanities (humanities) geisteswissenscaften also called, has consequences pragmatic methodology and causality is correct according to the consensus of Law not positive science methods pastialam / Naturwissenschaften. Jurist is influenced by several factors, such as the existence of an excuse, reason ballast penalty.The meaning and purpose of the Law
Individuals, society and the law.Humans as social beings in society, in making relationships, disputes sometimes arise, so that the law required.
Meaning / definition of Law
Van ApeldornLaw is the set of rules (orders - prohibition), who takes care of the order of a society and therefore must be obeyed by the people themselves.
Soedjono Dirdjosisworo,:Authority within the meaning of the provisions of the law, in the sense of law officers, legal action in the sense of attitude, in the sense of the legal system kaedah / norm (which includes kaedah religion (as the source of the belief in God Almighty), obscenity / mind as a source of moral norms courtesy / fatsoen as a source of confidence in the communities concerned and the rule of law, in the sense of the fabric of the law of value, the law in the sense of the law and the legal system in the sense of legal science.
Elements of the Law regulations regarding human behavior in social interaction; Rule was held by the agency - the official body that authorities; The coercive regulation; Sanctions for violations of these regulations are unequivocal.
Legal characteristics Command contradiction ban Permits x dispensation Doing something x something to do poorly
The nature and purpose of law
The nature of lawUsually in private law is set and in public law, forcing
Purpose / function of the lawJustice can be achieved through regularity, order, certaintySurah Al Maidah: 8:
O you who believe, you shall stand for GOD, a witness with justice, do not be attracted because of your hatred for the people, so that you will not be fair. Be fair, because justice is nearer to piety, and fear Allah, for Allah knows what is what you do.
RULE OF LAW & SOCIALIn social life, it is necessary to set up a rule of life. Rules that exist in the community, may be the norm / social rules or in the form of the rule of law. Social norms that exist in society, divided into religious norms, moral norms and the norms of decency. Applicability of rules / social norms in society occurs when had become a liability which must be adhered to. In case it is called has been a positive moral
Types of normsSocial norms, consisting of:1. Religious Norms2. Obscenity3. Politeness norms
Legal norms norms / rules of religion religious teachings is run by followers Applicability of religious norms in society tergantuk on the belief that people run it. Strong weak implementation of religious norms in a society can be influenced by the effect of the authority holder For example, in the teaching of Islamic law and hablumminannas habblumminallah Implementation of the doctrine depends faith adherents. Tie if no conviction.Obscenity Norma mind, also ethical norm or customs Norma was born in human nature as moral beings. Shared humanity underlying the existence of this norm. For example, if we are not going to let a neighbor who fell from the attic. Habits are repetitive patterns that follow the same peritiwa with respect to the same thing anyway. New binding when the person feels that it ought to be obeyed custom / compliance.
Norms of decency Also called fatsoen norm. politeness norms are often not binding because the criteria are different between regions modesty. It depends on the environment. Power bind a society based on the size of it. Binding least the norm in society lies in the belief that if norms can be enforced if there is a break .. The ability to distinguish between good and bad or ethics is the source of consciousness berkaidah (normbewustein). The ability to distinguish a good or bad thing is called moral. Moral private or autonomous individuals, while the positive moral criteria occurs when it has become a common beliefLegal norms It is the norm that is made by the competent authority. force and protect nature. Nature of force seen in the sanctions applied in case of violations and applicable to the public. Sanction of legal norms is firm, set out in legislationThe relationship between legal norms and social norms social norms are not regulated by law. Setting detailed legal norms should be based on the principle of legality. binding legal norm because there are strict sanctions from the authorities. social norms binding as observed by members of the public. Applicability of social norms when people accept it as something that must be adhered to. The relationship between social norms and the rule of law are complementary, mutually reinforcingLAW AND POWERS The nature of power and its relationship with law The relationship of law and rule of law in the country Sanction Law The nature of power In general, people equate the notion of power (power) with power (force). People who have physical strength is often dominated by people who have power. Frequent power comes from formal authority (formal authority). formal authority to give someone power to do something that aims to enforce the law. Without power, the law enforcement difficult.Power relations and the law The law requires power for its implementation, the power otherwise undefined by law. It is said by Blaise Pascal "might is helpless whitout justice might without justice is tyrannical" laws means no power is wishful thinking, and power without law is tyranny. Power gives authority to someone. is basically the person's ability to impose its will upon the other party.Sources of Power Power can be sourced from any physical force, economic power or level of understanding and practice of religion are high in a person. Excess moral person is a strength that comes from the support of the people are in their control. Holder of power should not be a moral person low (should be a moral preparation to be able to be the master.) Good Lord is that having the spirit to serve the public interest (sense of public service).Relations of power in the state law and the law Power must be limited by law. Must be clearly limits the authority given. (Avoiding the double interpretation of the formulation authority). Formulation or restrictions that are not clear about the authority will lead the trend of abuse of authority. limit the authority of the holder of the power must be set forth in the legislation. Then the people through their representatives to supervise the performance of the power holders. If there are officials who pass misuse of authority, then surely there has been a violation of the norm and that will definitely hurt mayarakatlahSanctions Law Understanding and nature Various Sanctions Law
Understanding the nature and Sanctions Laws Legal sanctions are punishment imposed on a person who violates the law. It is the most obvious form of embodiment of the power of the state in the implementation of its obligation to enforce compliance with the law.. Kinds of Sanctions Law Criminal sanctions Civil Sanctions administrative sanctions
Criminal sanctions Dropped to someone who has violated the provisions of the criminal law. Sanctions imposed in criminal law lead to deprivation of liberty (imprisonment), possessions (foreclosures), honors even one's soul (death penalty). Therefore, in the application of criminal law should be based on the law of criminal procedure are obvious. This is to give a person the right to self-defense, also related to the application of the principle of legality.
Civil sanctions It is the sanction applied to a person who has violated the provisions of the law that has been made in an engagement. civil sanctions provided in the form of restitution and fines.Administrative sanctions Can be shaped refusal to permit, after the issuance of a temporary permit, revoke a license has been granted. The application of administrative penalties typically associated with a business activity that is deemed to have occurred an administrative violation type of administrative sanctions type of administrative sanctions Bestuursdwang (government coercion) The recall decision (decree) favorable (license, payment, subsidy) The imposition of administrative fines forced imposition by government money (dwangsom)FUNCTION & PURPOSE OF THE LAW Speaking about the purpose and function of the actual law can only be seen from a particular viewpoint. It is difficult mendifinikan function and purpose of the perfect law covering all aspects. Many legal experts who have provided definitions or restrictions on the function and purpose of the law, but only from the standpoint of a particular study. As Van Apeldorn say make legal definition is difficult because the law is abstract, it is easier to give a definition of a mountain The nature of the function and purpose of the law Law is the rules and principles that govern human life in society.Function and purpose of the law must have a pragmatic meaningLaw function Achieving regularities in human life in society, The achievement of order in society and The achievement of legal certainty in the provision of the existing law in the society .. The function of law is maintained and ensuring the regularity (certainty) and order.
The purpose of law is essentially to achieve justice. Justice is something that is difficult to define, but it can be felt. Justice in principle it is difficult to achieve because of its nature is unfair subjectivity, depending on who benefits their interests. The purpose of law essentially the purpose of law is to achieve justice. Justice is something that is difficult to define, but it can be felt. Justice in principle difficult to achieve because of the fair is the nature of subjectivity, depending on who benefits interestsSOURCE - SOURCE OF LAWSources of law It is what is causing the rules that have coercive power. (Rules that if violated result in sanctions affirmative). Sources of law are of two kinds: Sources substantive law formal legal sourcesSources of law in the material senseSource of substantive law It is the source of law determines legal content (feelings / beliefs of individuals and public opinion shaping and determining the content of law).Different sources depending on the substantive law of the review or the point of view of the experts, for example:1. Overview of economic experts, the law is causing economic needs of the community and the possibility of economic development;2. Expert review of sociology, law is causing the events that occurred in the community / needs for survival3. Expert review of religion, which is a legal cause religious scriptures, respectively;4. Overview of historians, that contributed to the history of the law is never going;5. Overview of philosophers, that causing law is an attempt to seek justice, for example, through the philosophy of the nation;6. Overview of legal experts, which led to the emergence of the rule of law is governing.Source of law in the formal senseKnown sources of legal meaning of the shape. (The place where to be found and known law).
One of the sources of formal law is legislation,Herarkinya determined under the provisions of Article 7 of Law No.. 10 Year 2004 on the Establishment Regulation Legislation, namely: Act of 1945 Law / Government Regulations Rule pemeritah Presidential Regulation RegulationAct No. 10 of 2004 is as [the implementation of MPR-RI NO. 1/MPR-RI / 2003, which repealed the MPR-RI No. III/MPR-RI/2000 in lieu of TAP MPRS NO. XX / MPR / DPR-1966 GR memorandum on sources of law and order and the sort order RI RI legislation respect to the provision contained in the Law. 10 In 2004, there are remaining issues, namely, the position where the original MPR is in the foregoing. Whether the Act can be repealed by the Act whose position is higher if based on those previous ketantuan?Source of law in the formal sense consists of: Legislation Legal habit jurisprudence. Legislation kinds stipulated in Law no. 10 of 2004.In the legal principle of legislation, that is, if there is a legal fictie regulation was promulgated in the State Gazette and the explanation is contained in the gazette Supplement, then everyone would know and be content that is binding common rulesThat common law: human actions are executed repeatedly well received by the community, if the opposite feeling perceived as violations of law jurisprudence.Jurisprudence is the meaning: barrage judge's ruling on certain matters considered either to be followed by the other judges when judges face the same case.In this case the judge is as a source of law in the sense of free decision, be grounds for termination of the law.Nature there are 2 kinds: that are fixed in the sense that legal decision followed or used as a basis in the same case. that will not be fixed if only used as a guideline for the same case.
CONCEPT OF LAWThe concept of juridical (legal concept) that: constructive and systematic concepts are used to understand a sitem rule of law or the rule of law, concepts such as rights, obligations, agreements, engagement, null legitimate, legal subjects, legal objects and so on. An understanding of the concept of law is very important, especially in the conduct of a legal argument. Understanding of legal concept is needed in order to implement and develop the law. If any provision of the law, but the law is vague or unclear interpretation we need a law for legal discovery. If a problem or case at hand the judge there is no legal regulation of business, it can be made legal establishment. All of these efforts is an ars owned by a legal expert. Or we can say the legal proficiency can be achieved if one understands very well about the legal concept
Legal subjects is the holder, carrier or support rights and obligations.
Legal subjects divided into two kinds of people (naturlijke persoon) and legal entities (rechtspersoon or legal person). Those include the fetus in the mother's womb, a baby boy tubes. At this time a legal issue arises whether human cloning can be considered as naturlijke persoon?Corporation It is the subject of legal formation of the law, he is not a person or a human being but may sue or sued by other legal person before the court.Law Firm characteristics are: It has its own separate wealth from the wealth of the people who run the activities of the legal entities Having separate rights and obligations of the rights and obligations of the people who run the legal entity Having a specific goal Continuous (have continuity) within the meaning of existence is not tied to certain people, because of the rights and obligations exist even people who run it have changed.Object law (rechtsobject) is beneficial and everything can be controlled by law and subject can be the object of a legal relationship. Understanding the legal object can be distinguished in the affairs of (zaken) and objects. Objects may consist of tangible objects (such as houses, land, cars, books) and intangibles (such as rights to bill, copyright,). In addition, objects can also be distinguished in moving objects (such as books, pencils) and immovable property (eg land, houses, ships in a certain tonanse 20 m3).Legal events legal events (rechtsfeit) is the event that legal norms are given legal effect, the form of occurrence or the abolishment of the rights and / or obligations subject to certain specific laws relating to the incident.
Legal events are distinguished: legal events which form the subject of legal action legal events in the form not subject to legal action.Belonging to the legal events that are the subject of legal action is twofold yangmerupakan legal action, for example probate (a legal person singular act) and agreement (which is the subject of legal action multiple). While the legal events that form the subject of legal action but not a legal act and the example is zaakwarneming onrechtmatige daad.• legal events that are the subject of legal action
Belonging to the legal events that are the subject of legal action is twofold:1. which is a legal act, in the two:• the subject of legal action single example will• which is the subject of legal action multiple, for example, the agreement
2. Legal events which form the subject of legal action but not a legal act for example:• zaakwarneming• onrechtmatige daad.• legal events which form the subject of legal action is notDistinguished in: the birth and event of death. events lead to the birth of a right and obligation to maintain, nurture, and educate children. death events gave rise to the right of succession.Rights, obligations and authority Events law raises the core legal relationship legal relationships between subjects that his form appeared in the form of rights and obligations between the legal subject with each other. Understanding between rights and duties are correlative. Between the rights and obligations between the two are inversely proportional to each other legal subjects berrhubungan in legal relationships. The right is the freedom to do or not to do something with respect to something or against a particular legal subject or all subjects of the law without any hindrance or interference from any party and that freedom has a legal basis and therefore protected. People who are eligible are those who have the authority to perform certain legal acts (including demanding something). The right can be distinguished in an absolute right or absolute, such as property rights, human rights, the right relative or nisbih, for example hany sellers can demand payment for goods which have been purchased by the buyer. Skills to perform legal acts (handelings bekwaam heid) is possible to take legal actions were lawful and binding that can not be questioned or inviolable. legal actions carried out by a competent person has the legal effect of the law .. Subject to the law are not competent to perform legal acts, may be placed under guardianship (curatele). Basically subjects were placed under the legal guardianship or trusteeship is that they are not old enough, those who has an inborn weakness with mental deficiencies, they were drunk, and they are spenders. When viewed in class was then able dioketahui that they were placed under guardianship are those who can not fend for himself. In the Indonesian legal system, the criteria that a standard old enough to be considered a person competent to do the law is varied, depending on the scope of any laws. In the field of marriage then the person can be said marriage is competent to perform those aged at least 16 years for women and 19 years for men. In the field of nationality grammatical qualified to be a voter in elections to choose prsiden, - vice president, parliament, regional head are those who have at least 17 years old. In the workforce, those who can make their perjanjiankerja independently are at least 18 years old.APPLYING THE LAW & develop In applying and developing the necessary legal interpretation, or even to a case there is no rule of law made provisions to regulate people's lives. There is a legal principle that a rule when it was passed and has been in the country pour into the sheet, then each person is considered obligatory to obey. All persons shall have known (although in reality he may never know or have not read). This so called fictie law. In the practice that occurs in the community, sometimes it is not clear rules so that its legal meaning. For the role of judges is very important in order to find and establish the law.
The principle of non liquet, applied in the Indonesian legal system. Which means that the judge or court is forbidden to reject a case brought before the court if there is no legal regulation. This principle is applied and the provisions contained in Article 16 paragraph (1) of Law no. 4 of 2004 on judicial power (LN 2004 no. 8), namely: The court may not refuse to examine, hear and decide the case filed something with the pretext that the law does not exist or is less clear, but obliged to examine and judge. Position court judges are complementary provisions - provisions of any written law through legal establishment (rechtsvorming) and legal discovery (rechtsvinding). In other words, the judge or justice in our legal system that essentially has the function of making writing a new law (creation of new law). So our legal system even though the system adheres to the written law, but it is an open system (open system). Function finding and developing the law by the judge to do in order to fill the legal vacuum and prevent for not promptly handled a case that does not exist or is not yet clear rules.Establishment of law committed by the judge if there is no rule of law. In other words, the judge makes his own hukumnya.melalui construction methods and refining the law. While the discovery of the law, judges are only doing a business of interpretation. Here, the rule of law already exists but has not been clear to be applied to the cases that are being handled. Establishment of law committed by the judge if there is no rule of law. In other words, the judge makes his own hukumnya.melalui construction methods and refining the law. While the discovery of the law, judges are only doing a business of interpretation. Here, the rule of law already exists but has not been clear to be applied to the cases that are being handled.InterpretationMethod of interpretation is done by the judge in the legal discovery efforts are of different kinds, namely:1. grammatical interpretations,2. interpretation of history,3. Systematic interpretation,4. Sociological interpretation,5. Teleological interpretation,6. Authentic interpretation.7. Freis ermessen.Grammatical interpretations:provisions or kaedah interpreted by the public as everyday language. (Eg the meaning of the vehicle)
Interpretation of history:interpreted to interpret a provision of the law by looking at the reasons for the formation of a law that.
Systematic interpretation:interpreting some legal provisions regulating the same thing. For example, in interpreting the competent law, must be done systematically interpretation between the provisions of BW, UUP, Act 13 of 2003 and others.
Sociological interpretation:ie an interpretation that connects with the causes or factors in the development of the community or communities that can provide an explanation why the lawmakers drafting legislation
Teleological interpretation:is an interpretation with respect to the purpose of the law. Eg purpose of the Law. 1 of 1974 is to make the program successful national development efforts in the field of family planning.
Authentic interpretation:is an interpretation given by the statute itself. Usually placed in the provisions of Article 1
Freis ermessen.Freedom of interpretation by judges. If it is less authentic interpretation gives confidence in the judge, then the judge with his own beliefs to interpret the provisions of the law with regard to the opinion of an expert witness and community development. Freedom of the judge to apply the law in accordance with the views and beliefs called ermessen Freis.
Methods kontsruksi If there is no provision of law, based on the principle of non liquet judge should not reject things that are there turannya, it can be the method of construction.Examples of construction are:1. Analogy2. argumentum a contrario.Analogy An example is if the purchase does not break the lease agreement, it may be analogous to that purchase can not decide on grants. Something that has been donated goods can not be canceled on the grounds that the goods will be sold. argumentum a contrario For example, is the only prescribed period for the wife who had broken her marriage, because her husband's death, divorce or court decisions. Provisions idda ditujuakan to give assurance that the wife's womb is sacred, no fetus in the womb. Provisions of this waiting period is argumentum a contrario does not apply to the husband, because the husband does not have a uterus.Smoothing the law If the application of the law as it is written would result in injustice so, so that the provisions of the written law should not be applied or applied differently when trying to achieve justice. In a refinement of this law, the judge faced with nmasalah sisis judicial and justice in the other. Examples of refining the law is the obligation of alimony payments (eg taxes earth buildings) to a man who are unemployed because of disability to his wife who became a successful entrepreneur.Schools of Islam - Shafi'i SCIENCE LAWThe basis of the rule of law:1. Natural law ....... Aristotle: that the original law2. Thomas Aquinas: lex lex eternadan naturalist3. Hugo de Groot: the human mind.4. M. History: Von Savigny: the will of the people5. M Theocracy: God's will6. T Sovereignty of the people JJ Rousseau: social contract7. T state sovereignty: Hans Kelsen: Stufen Theory8. Rule of Law T: Krabbe: fair9. T.keseimbangan: Kranenburg: balanced the pros and consIn the study of law, we will ask questions about why people obey the law, the law of Whence. For that appear several opinions in the science of law. There are several theories about why people obey the law.Understanding Administrative Law• Administrative Law is the law that governs the legal relationship between the state of the equipment in the equipment of the other countries and the legal relationship between states fittings with private individuals. (Utrecht).• Administrative Law is a set of laws that bind the equipment is high and low in order to use the equipment means the authority established by HTN.Regarding State LawsState of Law is a State in which there are various aspects of the regulations that force is abstract, and has a state law sanctions tegas.Gagasan still vague and lost in a very long time, then reappear in a more explicit century -19, namely the emergence of the concept of Friedrich Julius Stahl rechtsstaat, inspired by Immanuel Kant, the elements of rule of law are:a. Protection of human rightsb. Separation or division of power to guarantee those rights.c. Government under legislationd. Administration of justice in disputes
Principles of rule of lawPrinciple of LegalityRestrictions citizen (by the government) have to be found essentially in the law which is the rule in general umum.Undang legislation should provide a guarantee (against the State) of the action (the government) are arbitrary, collusion, and various types of actions that are not truea. Protection of human rightsb. Government bound by lawThe law must be upheld when the law was violated, the government must ensure that in the community there are juridical instrument of law enforcement, the government can force a person in violation of state law through the judicial system, the principle of public law impose a duty of the government.c. Oversight by an independent judge
State law is simple: put the State law as the basis of state power and the organization of power in all its forms is done under the rule of law. State law specifies that the government should be subject to the law, not the law that should be subject to the government.
Sources of Lawa. source material law are the factors that influence the formation of the legal community. Or the factors that influence the material (contents) of the rules of law. Or the place from which the law matri itun taken.b. formal sources of law are the various forms of existing law, formal legal sources interpreted also as a place or source from which a regulatory legal power. It deals with the form or manner that causes the formal legal rules apply.Jurisprudence:That is the judgment which has the force of law which has remained a source of state administrative law, especially Decisions Administrative Court Judge.
Doctrine:Opinions of experts mainly new theories regarding the administration of the State law enforcement can be a source of state administrative law.
The general principles are:
1. Principle of legal certaintyIt means that in a government run wewenagnya must conform to the rules of law, which he discharged. The government must respect the rights derived from the government about a man and not be pulled back. Government for its decision must be consistent in order to create legal certainty.
2. The principle of balanceThat is the balance between imposing sanctions against an employee mistake, do not be excessive punishment for a person compared with mistakes, such as a new employee does not come to work immediately fired, it is not balanced with the punishment given to him. With the existence of this principle better ensure the protection of civil servants.
3. The principle of similarityIt means that the government in dealing with cases similar / the same facts, the government should act the same there is no difference, no favoritism, and so forth.
4. Meticulously Bertidak principleIt means that governments always act carefully so as not to cause harm to citizens, for example, the government's obligation to give warning to road being repaired, not to be able to inflict casualties due to road repair.
5. Principle of MotivationIt means that every decision the government should have no reason or motivation is right and fair and clear. So the government acts with the proper reasons and correct.
6. Do Mencampuadukan principle AuthorityIt means that the government should not use the authority for purposes other than the purpose that has been set for the authority.
7. The principle of Fair PlayIt means that the government must provide a reasonable opportunity for the community to seek truth and justice, for example, gives the right of appeal against the decision of the government that are not accepted.
8. Principle of Justice and FairnessIt means the government can not act arbitrarily or abuse the authority given to him for the benefit ofpribaduinya.
9. Responding principle Award The FairIt means that government action can have reasonable expectations for an interest, for example, a civil servant who asked for permission to use a private vehicle on official time, which then permits that have been granted to use a personal vehicle is revoked, the government's actions thus considered wrong / unnatural.
10. Principle Negate Effects of a Decision That ClearThis principle requires in the event of cancellation on a decision, then the bersangkutanharus given compensation or rehabilitation.
11. Principle of Legal ProtectionIt means that any state employees were given the right of freedom to arrange his personal life according to the world view espoused or in accordance with the values embodied in the Pancasila.
12. Principle of WisdomIt means that the government in carrying out their duties in accordance with the general interest of Law and organized. Discreet elements must be owned by every employee / government.
13. Principle penyelenggraan Public InterestIt means that the government's duty to put the interests of umu rather than personal interests. Civil servants as officers of the State, the man of the State, and the Government held a public servant and government tasks and development.
Article 3 of Law no. 28 of 1999 mentions General Principle Principle-State Management include:
1. The principle of legal certainty isThe principle of the rule of law that prioritizes foundation legislation, decency and fairness in any government policy Operator.
2. Orderly organizing principle of the State isThe principle on which the order, harmony, and balance in the control of the State administration.
3. The principle is the Public InterestPrinciple that puts the common good, in a way that aspioratif, accommodating, and selective.
4. The principle of openness isThe principle of opening up to the public's right to obtain correct, honest, and does not discriminate on the administration of the State with regard to the protection of personal rights, class, and state secrets.5. The principle of proportionality isPrinciple that prioritizes a balance between the rights and obligations of State Officials.
6. Professionalism is the principleprinciple that prioritizes skill based code of conduct and the provisions of the legislation in force.
7. The principle of accountability isThe principle which determines that any activity and final results of the activities of State Officials must be accountable to the people or the people as the supreme sovereign State in accordance with the provisions of the applicable legislation.
KnotIndonesia is the fact that the laws of the State prioritize laws in modern times in order to create a law to be obeyed, respected, and implemented fully by the community, and among the laws that exist in the law of the State administration include: Constitutional Law, Legal governance, Legal governmental administration, Law of the State administration, Legal Indonesian government administration, and so forth.State the purpose of the law is for the creation of security, which can provide peace for all citizens of the Country. (Law of the State administration is the part of the public law, administrative law, the State can be described as rules of public law), with respect to the general government to find a good definition of the legal term administration of the State, in order to measure the implementation of the law should regulate government and regulate the relationship between the government and citizens of the State or the relationship between organs pemerintah.Oleh therefore, to know exactly all the modern State Administrative Law Administrative Law except that it varies from one country to another, due to differences in social and governance issues faced by the authorities, the political system differences, differences in the form of state and of government. Government can be interpreted broadly and in a narrow sense, the government in its broadest sense is a State covers all fittings which principally consists of the executive branch, legislative, judicial or completeness tools other countries acting for and on behalf of the State, while in terms of government in the narrow sense is the executive branch. Based on these descriptions, it appears that the field of administrative law was so broad that the State can not afford expressly specified scope, in addition to the special unitary state with a decentralized system, there are also areas of administrative law, the regulations pertaining to the administration of local or regional governments