Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Controlling Administrative Discretion: The Role of Law

Oksep Adhayanto

Abstract


Discretion is a decision to explain policies that explicitly do not regulate certain activities. To interpret it is necessary for government administrators for protected by the formal legal administration so that they are not in the case of abuse of authority. This article was the view from the other side about the control discretion from logic formal. The formal logic we select for to clarify the general principles of reasoning about knowledge attribution for a claim and explain the implications and consequences of inferential control discretion and the role of law. The results of this research revealed that formal rules should control discretion so that the administrative irregularities in the government activity can avoid. This article also confirms the government administrators that discretion is not an activity that violates the law, but has controlled from the interpretation that is biased caused by lack of knowledge, relations of power, and the interests of a particular group.

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