PERLINDUNGAN HUKUM TERHADAP PEJABAT PEMERINTAHAN

DALAM MEMBUAT DISKRESI KEBIJAKAN PUBLIK

OLEH

MUHAMMAD TOHIR

ABSTRAK

Based on 1945 Contitution on opening said that about state goals are consists of four elements namely; first to protect all of Indonesian nation, second to develop public welfare, third to educate live nation and to join in world order. And besides on chapter 27 said that each of citizen is equal in law and government and according to Chapter 28 talk about freedom of speech. If we look at real fact that there are some officials of Indonesia are considered of making abuse of power for example Mr. Dahlan Iskan in project of electrecity, Mr. X as counsel for the prosecution for Budi Gunawan  as candidate of Indonesia head of police is appointed as suspected and there many cases in public policy are said that as abuse of power action. Indeed there have not been law protection on citizen in discretion public policy making.

Formulation problem in that writing is what the meaning of right discretion on government and how classified of good discretion according to legal and political views. In answering these cases  try to  analyze from discretion theory concerned in legal and juridiction theories and impact factors.

Conclusions are that Discretion must be done by legal, jurisdiction and discretion principles and must be supported by political. Indeed Protection of discretion maker will be implemented and public policy can be applied to public interest as legal.

Keyword :  Discretion, Policy, Political, Protection

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Perlidungan hukum terhadap pejabat pemerintahan