Fungsi hukum administrasi dalam pemecahan masalah kemiskinan

Abstract

This work discusses the relation between functions of Administrative Law and the solution of poverty problems. How does the Administrative Law function on the solution of poverty problems. By hermeneutics, this work interprets or explains the relationship. The solution of the structural poverty problems is empowering the poor politically and economically. With the social justice principles as its legal principles, Administrative Law should play its functions. The social justice principles consist of principle of equal basic liberties, principle of fair equality of opportunity, and principle of priority to the poor. On the other hand, Administrative Law has three functions: normative, instrumental, and security functions. The three functions are closely interrelated. In its normative function, Administrative Law regulates the government to steer the people, so that social gaps are eliminated, as well as the people, especially the poor people will be empowered politically and economically. The government arranges this duty in a planning, that is a passive instrumental fUllction of Administrative Law. The planning should contain the social justice principles as the legal foundation. In the realization level, it should reflect the security function of Administrative Law: it warrants the governmental transparency and the social or popular participation, as the realization of the priuciple of equal basic liberties and principle of fair equality of opportullity; and it secures the poor from political and economical powers legally, as the realization of the principle of priority to the poor. Administrative Law is not the only and perfect solution for poverty problems. But if it is not well organized, then, the situation will be worse.