Constitutional and Administrative Law Aspect on Public Services

Abstract

Agency or State Administration Official (state administration office) has wide authority in carrying out government affairs (executive). With such wide authority it tends to be misused so as to cause harm and injustice on the part of the community, therefore there must be other institutions that control it. Based on the theory of political trias politics of the executive is politically controlled by the legislative and judicially controlled by the judiciary, because the state administrative officer executive function, the judicial jurisdiction that controls juridically is the court of state administration. In addition, Public services are the basic social rights of the society (social rights). Social rights is the right to receive, the right to receive from the government, therefore the government is obliged to provide the best service to the public. However, in the implementation of public services has not been obtained by the community well. The Governance and Decentralization Survey (GDS) 2002 found three important issues that occur in the field of public service provision: first, the magnitude of service discrimination, Secondly the absence of certainty of cost and service time; third, low level of public satisfaction on public services. From this situation opens opportunities for government officials to perform maladministration actions in public services. The number of maladministration actions in public service can be proven with data that has been reported by Ombudsman RI every year the graph always go up. Therefore, the construction of legal responsibility for maladministration actions carried out by government officials in public services should be reformulated immediately.