Handling Against Negative Implication of Discretion on Country Court in Indonesia

  • Soehartono, Pujiyono

Abstract

A discretion has two implications, namely positive implications and negative implications. The positive implications are basic benefits that are felt directly both for state administration officials and for the community. Positive implications on discretion will certainly not cause problems for the parties concerned. Thus the positive implications are not always felt by all parties. There will always be those who feel the negative implications of the existence of discretion by state administration officials. Negative implications on discretion can be in the form of abuse of authority and decisions and actions that are deemed detrimental. This needs to be responded to with a specific treatment for the negative implications of discretion itself. Positive implications are benefits that are felt directly both for state administration officials and for the community. The positive implications of discretion will certainly not cause problems for the parties concerned. The use of discretion that is not appropriate will undoubtedly have a negative impact. The State Administrative Court will ultimately handle these negative implications as an estuary of various previous efforts. It should be remembered that discretion as a form of the policy cannot be assessed or tested by the State Administrative Court.

Published
2020-05-29