Implementation of Information and Communication Technology Systems in the State Administrative Law System
Very Y.Londa a,1*, Fanley N.Pangemanana, ,Femmy M.G.Tulusana
aUniversitas Sam Ratulangi, Manado Indonesia
* corresponding author
I. Introduction
The reform era has driven the rapid development of the national legal system related to Information and Communication Technology. Indonesia has quite a lot of various laws and regulations associated with the development of ICT (Nola, 2016). Nevertheless, unfortunately, it seems that it is still not perfectly stitched in a complete legal framework. Various new laws and regulations have been promulgated, but synchronization with one another must continue and their implementation harmonized [8].
One of the link points that will determine the effectiveness of the Information technology system in administrative law in Indonesia is the extent to which the authenticity of public information and public documents is maintained [12] and the extent to which the State Administration is responsible for the authenticity of the document. The difference in the application of authenticity to paper documents with electronic documents is not an easy thing. At the same time, the legal responsibility is not light because it will not be separated from the risk of civil, administrative, and even criminal lawsuits against the possibility of circulating fake documents or document falsification [19].
Therefore, implementing the electronic system in the legal system of state administration is one component of the legal system and state administration [17]. An electronic system is a technical form used to administrate state administrative law [2]. The legal system consists of legal norms such as regulations that are interrelated and influence each other because it is a complete legal system. As [9] described in his book The Basics of Legal Science, the legal system in Indonesia is another positive legal system consisting of subsystems of criminal law, civil law, constitutional law, state administrative law, and so on.
It can be seen that the various arrangements related to electronic systems in various laws in government, such as the Public Information Law, the Archives Law, the Public Service Law, and the
ARTICLE INFO A B S T R A C T
Article history:
Received 19 March 2022 Revised 23 May 2022 Accepted 26 June 2022
In most cases, the ability of a government to carry out its mission and run its operations hinges on the administrative reality that is the result of administration and its formulation. Achieving the principle of human protection is the overarching goal of the law. Law and administrative law often reach their final conclusions through the imposition of sanctions. In order to protect and strengthen national unity and integrity in accordance with all applicable laws and regulations and in the best interest of the country, the use and application of Information Technology (ITE) must continue to develop. This law was passed in 2008 as part of Law No. 11. Moreover, the government must back the objective by fostering the growth of IT and legal infrastructure and regulations to ensure that IT is used safely to prevent its misuse, respecting the religious and socio-cultural norms of the Indonesian people. When it comes to state administrative law systems, what exactly do
"legal actions" mean, and how do electronic and information systems factor into the administration of these systems? Information technology systems, electronic documents, and electronic certificates are used in accordance with legal, social, and philosophical principles as part of Electronic and Information Systems' role in implementing the State Administrative Law System.
Copyright © 2017 International Journal of Artificial Intelegence Research.
All rights reserved.
Keywords:
Information and Communication Technology (ICT),
State Administrative Law, Legal System,
Electronic Documents.
Government Administration Law, each seem to run linearly. The structure in the electronic system of national law seems to have been trapped in the thought of increasing levies/increasing the state treasury under the pretext of efficiency of public services through electronically all administrative affairs and services [16]. Unfortunately, this does not seem to be accompanied by attention to the importance of the security aspect, which will determine authenticity holistically in a complete frame which is precisely the constitutional obligation and responsibility of the government in educating and prospering its nation [28]. Therefore, legal research is needed to explain information technology and technology systems, especially in the state administrative law system.
State administrative law is a law that regulates how state instruments carry out their duties or obligations and authorities [30]. From this understanding, it turns out that a legal relationship allows officials (State Administration) to carry out their respective duties. In other words, State Administrative Law consists of regulations that regulate the state's complementary tools to work following their respective duties [14]. In addition, its activities are fostering, guiding, managing, serving, community, and doing good. When countries in Western Europe applied the concept of a welfare state, the government began to organize and manage the public interest [3]. In Indonesia, after the concept of the welfare state entered the Dutch East Indies in 1870, it only had departments, namely the Ministry of Home Affairs, the Department of Teaching, the Department of Public Works, and the Department of Finance. However, the number of departments gradually increased due to the broader scope of state tasks. The complexity of the law that regulates agencies and everything related to the power of legal relations is called State Administrative Law [29].
Electronic system operation is defined as the use of electronic systems by state administrators, individuals, business entities, and the general public, in accordance with the provisions of Chapter I General Provisions Article 1 paragraph 6 of the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions. This law was enacted in relation to the topic of information and electronic transactions. The utilization of the electronic system is a direct result of the considerations that are included in ITE Law letter c. These considerations state that the rapid development and progress of information technology has led to changes in the activities of human life in various fields, which have directly affected the birth of new forms of legal action. These considerations are the basis for why the electronic system is utilized [22].
That the use and utilization of Information Technology must continue to be developed to safeguard, maintain, and strengthen national unity and integrity based on laws and regulations for the national interest is the purpose of IT utilization according to the provisions of the consideration of letter d. that the use and utilization of Information Technology must continue to be developed. In the meantime, the objectives must be supported by the government in accordance with letter f. This letter stipulates that the government must support the development of information technology through legal infrastructure and regulations in order to ensure that the use of information technology is carried out securely in order to prevent the misuse of it, and this must be done while taking into account the religious and socio-cultural values of the people of Indonesia [21].
Thus, implementing an electronic-based state administration system or a computerized system should become part of modern state administrative law following the development of globalization so that the state administration system can anticipate irregularities in the administration of the state either by the government, state bodies, communities, and even individuals concerning the state administration system, for example relating to citizenship issues, criminal acts, as well as agreement and licensing issues which are currently a problem in the new legal world.
II. Methods
Legal research is the process of determining the applicable legal rules, legal principles, and legal doctrines in order to provide solutions to existing legal problems. This article was written using a normative legal research method, in which the researcher conducts research in a library through the examination of document studies, collecting secondary data such as legislation as well as legal theories and opinions from academics [24]. Research on legal principles, legal systematics, levels of vertical and horizontal synchronization, legal comparisons, and legal history are all considered to be part of the normative legal research or literature [5]. This study analyzes the legal rules for implementing information and communication technology systems in the state administrative law system, as well as examines the legislation that governs their implementation.
III. Result and Discussion
A. Overview and Development of State Administrative Law
According to Handayaningrat (1992), "Administration is an activity rather than a group cooperating to complete a job based on what has been determined." The administration is an activity carried out in groups by upholding high cooperation to complete a predetermined job in the form of the goals of an organization. In general, state administration can be interpreted as a cooperation process by all state apparatus to carry out their duties following predetermined state policies. [4], in his book Law on State Administration, defines state administration that State Administration has 3 (three) meanings, namely: a) as a state apparatus, government apparatus, or a political institution (state); b) state administration as a function or as an activity to serve the government, namely as an operational government activity; and c) state administration as a technical process of implementing laws.
[13], in his book System of State Administration of the Republic of Indonesia, states that: "State administration is a study of how various government agencies are organized, equipped with personnel, financed, driven, and led." Meanwhile, according to [26], State administration is the activity of the state in exercising its political power or authority. [25] explained that equipment began to pay attention to fulfilling general needs by a. Pledge mandatory and prohibitive regulations.
b. By conducting control or supervision. c. Determining the conditions must be met by parties seeking the public interest. d. The ruler himself provides services and tools to meet the general needs, or the intervention of the ruler is in the form of providing financial assistance or subsidies from the State Finance.
Furthermore, [25] explained that to take care of these needs, and certain people are needed, the state equipment appoints the person and is given specific authority; with the emergence of collective needs, it appears the need: a. Certain people or institutions who are entrusted with these obligations must make specializations, and they need to be given certain powers. b. To ensure the fulfillment of its obligations properly. Thus, there are 1) Regulations regarding forming particular organs, appointments, or appointments in other ways, rather than people assigned tasks in those organs.
Furthermore, certain conditions are held. 2) Regulations that aim to ensure the implementation of tasks correctly and impartially. 3) Regulations regarding obligations on the one hand and the other hand regarding rights to guarantee and benefit by community members, to ensure there is a balance.
4) Payment rules as counter-performance. 5) Regulations that prevent riots, losses, or dangers caused by the operation of the equipment.
The processes described above bring us closer to the concept of state administration; [10]
explains that there are 3 (three) meanings of state administration: a. As a state apparatus, government apparatus, or as a political institution (state); meaning includes organs that are under the government, starting from the president, ministers (including the secretary general, director general, inspector general), governors, regents, and so on, in short, all the organs that run the state administration. b. As a function or activity, namely, as a "government" activity, meaning as an activity "taking care of the interests of the state" c. As a technical process of implementing the law, it includes all actions of the state apparatus in implementing the law.
[20] quoted Utrecht's opinion in the book Introduction to Indonesian State Administrative Law as follows: Prof. Oppenheim defines constitutional law as a law that provides an overview of the state in an immobile state, staat in rust, while state administrative law shows us the state is in a state of motion, staat in beweging. Furthermore, according to [27], state administrative law examines the unique legal relationship that enables the ambtsdragers (state administration) officials to carry out their particular duties.
[1], quoting van Vollenhoven, argues that state administrative law covers the entire field of action for government material activities. Therefore, state administrative law is not only found in the bestuur (government in the narrow sense) job field but also in the field of work for the police function, the function of adjudicating, and the function of making regulations. In the van Vollenhoven system, criminal and civil procedural laws include state administrative law.
[10], as quoted by Prajudi Atmosudirjo, stated that there are two meanings of administration, namely, administration in a narrow sense and administration in a broad sense: In a narrow sense, administration means administrative office work. In the Netherlands, Bestuur is defined in terms of
administration. At the same time, for Indonesia, the notion of Bestuur has a special meaning in the movement of domestic activities, which is now known as "among Praja," as in the past, the Department of Van Binnenlands Bestuur.
In a broad sense, administration can be viewed from three angles: a. Administration as a process in society. b. Administration as a type of human activity. c. The administration is a group of people jointly driving the above activities. In other words, administration can be viewed from a. Process angle (administration as a process) b. Functional angle (administration in a practical sense) c.
Institutional angle (institutional), administration in the institution.
Further explained by Kansil [10] regarding the administrative formulation as follows: From the point of view of the process, then the administration is a whole process, which begins with the thought process, the process of setting, the process of achieving goals until the process of achieving that goal. To achieve a goal, people have to think first, then organize, and determine how to achieve that goal, then the achievement itself gets to the goal. The whole of these activities is summarized in an administrative understanding. Viewed from the point of view of functions/duties, administration means all actions or activities that inevitably must be carried out consciously by a company (state) or a group of people who are administrators or leaders of a business.
[18], quoting Logemann's opinion, states that: state administrative law studies the nature, form, and consequences of particular legal actions that officials carry out in carrying out their duties. [23]
explains that in terms of understanding state administration, it can be divided into 4 (four) kinds of meanings of state administration which cannot be separated from each other, namely from the following: a. Functional: state administration is the totality of functions carried out by the government and the apparatus it leads. b. Institutional: state administration is the whole of the positions and organizational units of the state, which is a state apparatus that is directly led and driven by the government. c. Process: state administration is the totality of state activities that originate from or source from the government's wishes, stipulations, or orders. d. Law: state administration is the implementer and administration of the law in the broadest sense.
Furthermore, [23] explained that if the administration is viewed from a legal point of view, then the administrative function as a legal function consists of: a. Administrative arrangements, namely the stipulation of administrative regulations, in the form of Government Regulations, Presidential Regulations, Ministerial Regulations and so on which are administrative, meaning in the form of interpretations of elaboration, instructions or instructions for implementing laws. b. Governance, namely the use of the state's formal juridical power over the citizens of the state and all that is contained in the territory of the state in the context of enforcing state government in real terms, the use of this power is to carry out and achieve juridically, all that are the functions, duties, obligations or goals of the state in managing people's lives. c. Administrative police, namely direct law enforcement in the form of supervision and maintenance of order and security for implementing community development and education laws. d. Settlement of disputes administratively, namely the settlement of cases or disputes that cannot be resolved by the Court of Justice, namely administrative cases.
Law is the primary basis in carrying out life to ensure the principles of order and discipline so that order takes place and guarantees a sense of independence, security, and order. The law becomes an umbrella among all types of human actions and behavior to achieve the principle of human protection. In line with this thought regarding sanctions, [6] stated that: An essential role in the provision of sanctions in administrative law fulfills criminal law. The difference between administrative and criminal sanctions can be seen from the purpose of imposing them.
Administrative sanctions are aimed at the violation, while criminal sanctions are aimed at the violator by giving punishment in the form of sorrow. The administrative sanction is intended to stop the violation. The nature of sanctions is "reparatoir," meaning to restore to its original state. In addition, the difference between criminal sanctions and administrative sanctions is the law enforcement action. State administrative officials apply administrative sanctions without going through judicial procedures, while criminal judges can only impose criminal sanctions through the judicial process.
B. The Role of Information and Communication Technology and Electronic Systems in the Constitutional Law System in Indonesia
The role of electronic and information systems in the administration of the state administrative law system is based on the law enforcement or state administrative law rules. This is because, in the electronic system, there are three essential things related to the state administrative law system:
information technology, electronic documents, and electronic certificates. There are three legal grounds for the application of legal rules to determine the validity of an electronic system in the administration of the state administrative law system, including:
1. Juridical basis, a rule of state administrative law will be valid because a. According to the procedure in the process of determining or making it. b. Following the legal level (hierarchical legislation) c. Following the legal system/order as a whole. d. There is a bond that compels action.
2. The sociological basis is based on public acceptance of legal rules: a. There is recognition and acceptance by the community. b. There is an element of coercion from the authorities or legal officials to be obeyed by the community.
3. Philosophical foundation, following the ideals of law to create peace and justice. This includes the area's scope, personal, period, and things.
In Law No.19 of 2006 concerning ITE Article 6. That Electronic System Operation is the use of Electronic Systems by state administrators, individuals, business entities, and the public. While in Article 1 paragraph 6a, Electronic System Operator is any Person, state administrator, business entity, and community that provides manages, and operates Electronic System, either individually or jointly, to Electronic System users for their own needs and the needs of other parties.
For the electronic system's provision, management, and operation to be valid in the state administration system, it must be based on juridical applicability, namely a legal basis, whether a legal institution makes the manufacturing procedure according to the law. The regulations made in the electronic system must follow and not conflict with the regulations above; when viewed from the regulations regarding the electronic system, it is following the hierarchy of laws that the purpose of its implementation is for the welfare of the people (In the 1945 Constitution). and is following the rule of law, that is, it does not conflict with the public interest. Furthermore, if you violate the ITE Law, you will be subject to criminal, civil, and state administrative sanctions.
Meanwhile, based on sociological validity, the electronic system must have recognition and acceptance by the community, and there is an element of coercion from the authorities or legal officials to be obeyed by the community. Here the validity of documents and information technology, as well as electronic certificates used and produced, must receive recognition and acceptance from the public based on national and even international standards issued by official institutions and recognized by the Indonesian state. So that the actions of the state administration will be recognized, and the results of their activities will also be legal because of the application of laws or regulations that have clear sanctions and procedures accepted by the community.
Furthermore, based on philosophical applicability to create peace and justice, the implementation of the electronic system in the state administration system is based on the region's scope, personnel, period, and circumstances. Here providing information technology and documents and certificates must use the concept of peace and justice. The concept of peace means no disturbance of order and no restrictions on freedom. Thus, there is no threat to the documents created, either from inside or outside. At the same time, the concept of justice is the maintenance of a positive legal order through its application that is genuinely following the spirit of the positive legal order. Justice can be divided into two, namely, first, distributive or subjective justice, which is following service and position in society, while the second is corrective or objective justice, which is equal treatment without discrimination. With the electronic system in the administration of the state administration system, it must be applied equally to the community, such as in providing certificates, electronic documents, and providing technical information.
IV. Conclusion
Law is the primary foundation for carrying out life's principles of order and discipline, ensuring order and ensuring a sense of independence, security, and order. To achieve the principle of human
protection, the law becomes an umbrella over all types of human actions and behavior. Sanctions are an important part of the legal and administrative closing process. Legal acts in the State Administrative Law System are any action/deed of government equipment in the field of governance law for the maintenance of people's interests in the field of public and private law with great authority from the Act, whether one-sided, two-sided, or many-sided. The role of information and electronic systems in implementing the State Administrative Law System is to use information technology systems, electronic documents, and electronic certificates in accordance with legal, sociological, and philosophical principles
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