CONSTITUTIONAL AND ADMINISTRATIVE LAW ASPECT ON PUBLIC SERVICE

Abstract

State administration office as state agency has broad authority in executing government affairs. This widespread authority tending to be misused so could cause loss and injustice on the part of society, therefore there must be other institutions that control it. Based on some political theory, executive as state agency are politically controlled by legislative and are juridical controlled by a judiciary, so state administrative officials carry out executive functions so juridical control judiciary are state administrative courts. In addition, public service is the social rights of society (social rights). Social rights are the rights to receive and the rights to receive from the government, therefore the government organizer is obliged to provide the best service to the community. However, the implementation of public services has not been well received by the community. Governance And Decentralization Survey (GDS) 2012 found three important issues that occurred in the field of public service delivery, first, the magnitude of service discrimination, Second, there was no certainty of cost and time of service, third, low level of public satisfaction with public service. From this situation opens the opportunity for government organizers to perform maladministration actions in public service. The number of maladministration actions in public service can be evidenced by the data reported by the Ombudsman, every year its charts always rise. Due to the construction of legal accountability for maladministration actions undertaken by government organizers in public service must be immediately re-established.
 
Keywords: Legal Aspect, Public Service, Maladministration