Open AccessLelang Jabatan dalam Sistem Hukum di Indonesia
Author(s) -
Elidar Sari
Publication year - 2015
Publication title -
reusam/reusam: jurnal ilmu hukum fakultas hukum
Language(s) - English
Resource type - Journals
eISSN - 2722-5100
pISSN - 2338-4735
DOI - 10.29103/reusam.v3i1.1950
Subject(s) - civil servant , indonesian , order (exchange) , state (computer science) , law , public servant , government (linguistics) , public order , civil servants , political science , servant , business , public administration , engineering , politics , computer science , philosophy , linguistics , software engineering , finance , algorithm
The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.