Effectiveness of Legal Construction: General Principles of Good Governance in Indonesia

Abstract

The aim of this literature study is to see how effective the general principles of good governance in Indonesia are. By using a normative juridical approach, the search for primary law materials proved that prior to the issuance of Law Number 28 of 1998 concerning Clean and Corruption Free State Administrators, Collusion and Nepotism, the position of general principles of good governance is still an unwritten norm/law, which only has moral strength not legal force. Law No. 28/1998 became the initial igniter for general principles of good governance as a written law, reinforced by the issuance of Law No. 9/2004, there was an acknowledgment that the general principles of good governance as stated in Law No. 28/1998 could used as a basis for filing a lawsuit to the State Administrative Court, when there are people who feel disadvantaged due to the issuance of state administrative decisions issued by officials or administrative bodies. This position is further emphasized by the issuance of Law No. 30/2014 about Government