THE GENERAL PRINCIPLES

OF GOOD GOVERNANCE
THE TERM AND DEFINITION OF THE GOOD
GOVERNANCE
Government refers to the state's formal institutions.

Compared to government, governance involves not

only government and the state but also more diverse
and complex parties.

In Indonesia, good governance refers to various terms,

namely clean and good government, organizing a
trustworthy government, and management of good
and responsible governance
 There is no agreement on the definition of
good governance. According to the
International Union for Conservation of Nature
(IUCN), the ideas about good governance are
given a different understanding by each
organization, but generally good governance
defines as the set of principles use as the
benchmark for assessing whether or not
government action is in line with constitution.
 The Position of the Principles of Good
Governance in the Perspective of Law
According to H.D. van Wijk and Willem Konijnenbelt; organs of
government which receive authority to take certain actions and carry out
their actions are not only bound by legislation. The organs of government
must pay attention to unwritten law, namely the general principles of
good governance.

Some of The General Principle of Good Governance are still a legal

principle and some others have become legal norms or legal rules.
Furthermore, if the general principles of good governance are
interpreted as a principle or joint law, then it can also be interpreted as
a legal principle whose material is extracted and found from moral
elements based on moral as real law, closely related to ethics,
politeness, and propriety based on applicable norms
 The Definition and Functions of the General Principle of Good
Governance in Indonesia

Indonesia uses the term of Asas Asas Umum Pemerintahan yang Baik (AAUPB)
which is an interpretation of Algemene Beginselen van Behoorllijke Bestuur (ABBB).

The AAUPB can be understood as general principles which are used as the basis
and procedures for the implementation of good governance, which in this way
the administration of government becomes good, polite, fair and respectful,
free from tyranny, violation of regulations, act of abusing the authority and
arbitrary action

Most of AAUPB is still an unwritten principle, still abstract, and can be explored in
the practice of life in the community.
AAUPB initially served as a basis for evaluating judges and as the guiding norm for the
government. In its development, AAUPB has important meanings and functions as
follows:

1) For the State Administration, it works as a guideline for conducting the interpretation
and application of statutory provisions that are not clear and at the same time
limiting and avoiding policies that are far from deviating from the provisions of the
law.

2) For the community as the justice seeker, AAUPB can be used as a basis for a lawsuit
as stated in the Article 53 of Law No.5 of 1986.

3) For Administrative Judges, it can be used as a tool to test and cancel decisions issued
by the state administration body.

4) For legislative body, it is also useful for designing law and regulations
 The Implementation of AAUPB in Indonesia
Law No. 28 of 1999 concerning State Organizers who are Clean of Bears and Free of
Corruption, Collusion and. Nepotism (KKN). With a format different from AAUPB from
the Netherlands, in Article 3 of Law No. 28 of 1999 states several general principles of
state administration, namely as follows:

1. The Principle of Legal Certainty

The principle in a state of law that prioritizes the basis of legislation, propriety and
justice in every policy issued by the state administrator.

2. The Principle of State Administration Order

The principle that becomes the basis of order, harmony and balance in the control of
state administrator’s actions.

3. The Principle of Public Interest

The principle that prioritize public welfare in a way that is aspirational,
accommodating, and selective.
4. The Principle of Openness
The principle that opens itself to the right of the community to obtain correct, honest
and non-discriminatory information about the administration of the state while secure
the protection of personal rights, groups and state secrets.

5. The Principle of Proportionality

The principle that prioritizes a balance between the rights and obligations of state
administrators.

6. The Principle of Professionalism

The principle that prioritize expertise based on a code of ethics and the provisions of
applicable laws and regulations.

7. The Principle of Accountability

The principle which determines that every activity and final outcome of the activities of
the organizer must be accountable to the community or the people as the highest
holder of the sovereignty of the state in accordance with the provisions of applicable
laws and regulations.
The principles listed in Law No. 28 of 1999 was originally intended for
the whole state organizers, it’s different from the principles in AAUPB
which were originally intended only for the government in a narrow
meaning, in accordance with the term 'bestuur’ at algemeen
beginselen behoorlijk bestuur, not regering or overhead which implies
the government in broad meaning.

Along with the passage of time, the principle in Law No. 28 of 1999 was
recognized and applied in the administration of government and in
the judicial process at the Administrative Court, after the existence of
Law No. 9 of 2004 concerning Amendments to Law No. 5 of 1986
concerning PTUN. Based on Article 53 paragraph (2) point A is
mentioned; "The Administrative decision can be sued if it is contrary to
the general principles of good governance”.