AUTHORITY

IRFAN SETIAWAN, S.IP, M.Si

 authority is legitimate and legal authority of a person to rule over others, do or not do or not do something, the basic rule of law is a legitimate and legal work to be able to do something authority is the right person to take the necessary action so that the duties and responsibilities can be carried out with good

authority
Government hierarchy allows for the delivery of a very different kind of authority that is attributive authority and Distributive (mandate and delegation) so it should be clear which authority attributive and which authority Distributive that clear accountability for any such authority.

CHARACTERISTICS

attributive

Distributive

mandate
delegation

Differences attributive authority and authority distributive

lies in the accountability, authority attributive have an inherent responsibility to the authorities or officials directly appointed by law While the authority of distributive - to the mandate, the responsibility attached to the authorization provider - for delegation, responsibility moved to the recipient authority.

ATTRIBUTES OF AUTHORITY

Definition
Attribution is authorized to make decisions (besluit) are directly sourced to the law in the sense of materiel. Attribution is said also to be a normal way to obtain government authorization. Authority is continuous and can be implemented on its own initiative at any time be required, in accordance with the limits given.

Characteristics Attribution
Authorizes the creation of presence (new) to make laws and regulations. Authority can be granted by the constitution, bylaws or Rules of the District to an organization. Nation accept the authority responsible for the implementation of the authority concerned. suppose Authority owned by local governments in carrying out maintenance service to the community.

For example in indonesia

Authority of Parliament to make a product that is legal is attributive authority means the authority that is directly provided by law. In case this is law number 27 of 2009 on the People's Consultative Assembly, House of Representatives, Regional Representatives Council and Legislative Council clearly set out the duties and powers of the House of Representatives institutions in article 71.

AUTHORITY DISTRIBUTIVE

 Distributive authority is the authority given by the superior to the inferior temporary. based accountability distributive divided Authority on: - mandate - delegation

DEFINITION
Mandate is the authority granted by superiors to subordinates any liability which the answer remains attached to the mandate giver. Spillover means giving authority to subordinates to make decisions in the name of the office that mandate.

In awarding the mandate, providers can use the mandate that has been given the authority at any time, in contrast with the delegation to do extraction, namely the actus Kontrarius suitable base. Mandatory (receiver mandate) could not give a mandate to someone else, in other words Mandatory can not provide sub-mandate.

FOR EXAMPLE
when the governor was out of the area, and at the same time in an area that leads him must give his consent to provide funds to one of the area so he could give a mandate to the Deputy Governor or Secretary of the terrain to sign the consent, of course after the agreement was signed by the Deputy Governor or Secretary of the mandate given by the governor automatically expire and if in the future there is problems with the funding decision then governor directly responsible.

Definition of Delegation
Delegation of authority is just steps from a process when the handover of authority to carry out the function the release of liability. (Ralph C. Davis) Delegation is the process that was followed by a manager in the division of labor that imposed on him, so that he can get other people to help with the work that he can not do. (Louis A. Allen)

 Delegation Authority in the formation of Legislation (delegatie van wetgevingsbevoegdheid) is handing over authority of legislation forming the higher the lower regulation, good or not stated emphatically stated emphatically.

Terms delegation
1. definitive; 2. should be based on applicable laws and regulations; 3. not allowed to subordinates; 4. obligation to give an explanation 5. beleidsregels

characteristics of delegation
Delivery authority to make laws and regulations, where the recipient (delegataris) are fully responsible for the discretion. Submission made by the attribution of authority (delegans) to the receiver (delegataris). The relationship between delegans to delegataris not in superior and subordinate relationships.

example
When awarding delegates made the authorized officers receiving the delegation creates a legal product. One example is when a central government delegation to authorize local governments to make regulations in their respective regions. So that the local government authority responsible for the receipt of the delegation.