Karya Ilmiah

DISERTASI (0114) - Tanggung Jawab Negara Dalam Peningkatan Kesejateraan Rakyat Di Era Otonomi Daerah

---

The legal issues discussed in this study are: 1) philosophical background of
social welfare regulations and state responsibility in actualizing social welfare;
2) legal principles of human rights protection within social welfare framework; 3)
the implementation of social welfare in regional authority era. This study was a
normative legal research applying conceptual approach, statute approach,
historical approach, and comparative approach.
Based on the analysis, this study found: 1) the philosophical background of

social welfare regulations was established on the consequences of social welfare-
oriented constitutional state meaning that the state is responsible to social welfare

of its citizens. Social welfare regulations were based on proportional justice and
integrity principles based on Pancasila and Indonesian Constitution 1945 (UUD
NRI 1945); 2) law (constitution) functioned as regulator in the implementation of
national life, government, and social life based on legality principle. Human
rights protection was based on Pancasila constitutional state principles. The
quality of democracy and human right protection expected the government to be
responsible and transparent so that the people would not tolerate any abuse of
public trust. Based on this condition, constitutional state principles and
democracy should be supported by good government and legal protection
provided for the citizens as part of social welfare; 3) the use of different
nomenclatures “general welfare”, “people welfare” and “social welfare”
implied different meanings which might affect authority. Issues on authority
sharing were related to the classification and sub-classification of social welfare
made by the state (central government), provincial governments, regencies, and
municipalities.
Based on the findings, this study comes with several recommendations: 1)
related to institutional nomenclature and its authorities, the ministries,
departments, and non-department institutions should apply authority or
functionality approach rather than structural (institutional) approach; 2) the
government should publish Government Regulation to accompany Act Number
23/2014; 3) the government should revise Act Number 11/2009 by considering Act
Number 13/2011 harmonized with Act Number 23/2014 regulating authority
shared by the state, provincial government, and regencies/municipalities.

---

Ketersediaan

031070518

0114

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

0114

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar