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60 J.L. Pol'y & Globalization 130 (2017)
Legal Dualism Norm Administrative Decision

handle is hein.journals/jawpglob60 and id is 131 raw text is: Journal of Law, Policy and Globalization www. ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.60, 2017 ISTE Legal Dualism Norm Administrative Decision Sudarsono, Istislam2, Moh. Fadli3, Agustien Cherly Wereh4* 1. Professor of Administrative of Law, Brawijaya University, Malang. 2. Postgraduate Program of Law Faculty, Brawijaya University, Malang. 3. Postgraduate Program of Law Faculty, Brawijaya University, Malang. 4. Doctorate Candidate of Law Faculty, Brawijaya University, Malang, Indonesia and Lecturer of Social Science Faculty, Legal Studies Program, State University Manado, North Sulawesi, Indonesia. *E-mail :cherlyagustienwereh@gmail.com Abstract: The legal implications of the legal dualism,State Administrative Decisions (KTUN ), settings in the administrative dispute is legal uncertainty. This means that the law is uncertain. In theory, legal certainty stated that the law should be clear and logical. Obviously in the sense that there is no logical vagueness of the norm and there is no clash of norms. Legal certainty is a condition or circumstance arising because of a rule that has been created and compiled then enacted with certainty to clearly and logically. Understanding Obviously no bluffing of norms or doubts (multiple interpretations) and understanding Logis is a system of norms with other norms so as not to clash or conflict norms. Legal certainty refers to the application of the law is clear, permanent, consistently and consequently, the implementation of which can not be influenced by circumstances subjective nature. Key Terms: Legal dualism, Administrative Decision 1. Introduction Government Administration Act specifically actualize the constitutional norm the relationship between the state and citizens. Settings Administration under this Act is an important instrument of a democratic constitutional state, where decisions and / or actions specified by the agency and / or government officials, or other state apparatus that includes institutions outside the executive, judicial, and legislative carrying out government functions that allow it to be tested through the courts. These are the ideals of a state of law. Implementation of state power must side with the citizens and not vice versa. Act is necessary in order to give assurance to the citizens who originally as an object into a subject in a state of law that is part of the embodiment of popular sovereignty. Sovereignty of citizens in a country does not by itself either in whole or in part can be realized. Administration settings ensure that the decisions and / or actions the agency and / or government officials against citizens can not be done arbitrarily. With this Law, citizens will not easily become the object of state power. In addition, this law is a transformation of the principle of good governance that has been practiced for decades in governance, and dikonkritkan into a binding legal norms (Ahmad Mujahidin, 2007) Principles of good governance will continue to evolve along with the growth and dynamics of society in a state of law. Therefore penormaan principle into the Act is grounded in the principles that evolved and has become the basis for governance in Indonesia over the years. Law is the basis of law in governance in an effort to improve good governance (good governance) and to deter corruption, collusion, and nepotism. Thus, the Act must be capable of creating a bureaucracy is getting better, transparent, and efficient. The setting of the Administration is essentially an effort to establish the main principles, mindset, attitude, behavior, culture and pattern of administrative acts of a democratic, objective and professional in order to create fairness and legal certainty. Law is an overall effort to reorganize the decisions and / or actions the agency and / or government officials under the provisions of the legislation and the principles of good governance. This Act is intended not only as a legal basis 130

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