Adm Law Final Test Summarization, Masayu

1. Definition of Law enforcement along with the urgency, purpose and how to
implement Law enforcement
= Law enforcement itself suggest is to enforce Law. The urgency is based upon chaos,
unrest and more bad manners or ethics on the public as a whole. The purpose is to
implement order, safety, security and lawfulness among the public as a whole.
Implementation varies, both repressive and preventive with the pillars of law
enforcement such as prosecutors, police and judges as the main actors and the
regulations as the guideline for enforcement. Repressive can be arrest or
imprisonment while preventive can be socialization of such regulations or act that is
implemented.

2. Differentiate types of legal enforcement, between Administrative law, criminal law

and private law enforcement
= Differences between administrative law and criminal law or civil law enforcement,
are very clear within the judiciary system in which administrative offences goes
towards the administrative court while civil and criminal offences goes towards the
ordinary court. Other than that, administrative law enforcement doesn’t involve the
court at all in which it can be implemented through cease or suspension of
administrative decision or fines and not imprisonment.

3. Elements of administrative law according to the modern perspective

= a. Elements of administrative law includes the government and the public
In which it can be described in a scheme.
There is a sturren and sanctie mechanism set by the government towards the public,
in which the public needs to also participate in the making of it through the
representative and the public can also have legal protection from the government. In
the modern world it also involves about giving authorization on such actions or
things for the public. Also in the modern perspective, is that Adm Law and
Constitutional Law are two separate things handled by two different judiciary system
and have separate regulations.

4. Give one example on the classic perspective of administrative law

= Classic perspective is that administrative law is apart or a subsidiary of
constitutional law and not its own branch like in the modern perspective.

5. KTUN is a form of government action (bestuur handelingen). KTUN, State

Administrative Decree (KTUN) is a written determination issued by a state
administrative body or official which contains state administrative legal actions
based on applicable laws and regulations, which are concrete, individual and final in
nature, which give rise to legal consequences for a person or civil legal entity.

a. Explain types of KTUN

b. Licence is a type of KTUN which have rights and duties as stated in the license. If
the license holder doesn’t comply with it, the administrative sanctions could be
applied. Please explain type of administrative sanctions.
 = A. Several types of KTUN includes
1. Declarative KTUN, for example birth certificate or land ownership certificate
2. Constitutive KTUN, for example Civil apparatus decision (SK CPNS) or building
certificate
3. Individual KTUN, for example drivers license or decision to appoint someone
4. Property KTUN, for example land ownership certificate
5. Binding KTUN, meaning that theres no room for relaxation or elasticity in the
implementation of regulations
6. Non-binding KTUN, meaning that there could be room for relaxation in the
implementation of regulation
7. Beneficial KTUN
8. Burdening KTUN
For beneficial and burdening KTUN must be seen through the perspective of the subject,
KTUN that are directed to someone may be beneficial but burdening towards the others and
vice versa.

B. if on the case that the license holder doesn’t comply with the rights and duties
as stated, the most plausible administrative sanction that could be utilize in the
case is cease or suspension of the license. In which related government officials
may revoke the holders license.

6. The society have the right for having access to legal protection
a. Explain the differences between government authority norm and behavior norm
to the government!
b. Highlight the difference between legal protection against the power, and legal
protection government behavior. What are parameters applied in those two, and
to which institution the society could seek legal protection.

= A. authority norm is what defined as government having the authority to do

action and the government doing it without exceeding its authority. Behavior
norm on the other hand is the government doing action that may or may not
exceed its authority and may lead to a bigger chance of legal consequences.

B. legal protection in any case both authority or behavior is set upon act no 30 of
2014 and the parameters are :
1. exceeding
2. mixing
3. acting arbitrarily
To which of course society could seek legal protection upon whats called as
OMBUDSMAN who then will process everything or could also go for another
administrative law enforcement institutions such as the administrative court.
Highlighted differences is that sometimes society cannot be protected because
there are no objective parameters for behavior norms.