Repressive administrative law

Tollenaar, Albertjan

doi:10.1177/1388262718761392

Cited by 3 publications

(4 citation statements)

References 15 publications

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“…The formulation is relatively stable, but the stringency of judicial review has not varied significantly over time and across sectors. 45 Meanwhile, in Indonesia, there are differences of opinion among SAC judges. If discretion is essentially appropriate and its existence is necessary, then formal procedural errors do not necessarily invalidate discretion.…”

Section: Comparing Administrative Discretion In Indonesia and Netherl...mentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

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Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.

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Section: Comparing Administrative Discretion In Indonesia and Netherl...mentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

View full text Add to dashboard Cite

show abstract

“…In practice, this may amount to 50,000 Euro. Moreover, the finding that an offense has been committed will now automatically result in the decision to impose a fine (Tollenaar, 2018).…”

Section: Welfare Law and Legal Consciousnessmentioning

confidence: 99%

“…Also, most welfare offices have adopted a punitive enforcement style. According to some critics, these changes have turned the Netherlands into a “repressive welfare state” (Vonk, 2014; Tollenaar, 2018). In this article, I pay particular attention to what these developments mean for the legal consciousness—the commonsense understandings of the law (Merry, 1990)—of Dutch welfare clients.…”

Section: Introductionmentioning

confidence: 99%

“…I am also grateful to Spencer Headworth, Kathryne Young and the anonymous reviewers for their helpful comments and suggestions. (Vonk, 2014;Tollenaar, 2018). In this article, I pay particular attention to what these developments mean for the legal consciousness-the commonsense understandings of the law (Merry, 1990)-of Dutch welfare clients.…”

Section: Introductionmentioning

confidence: 99%

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Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

Hertogh

2023

Law Soc Rev

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With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self‐reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second‐order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.

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How Administrative Regulation Institutional Factors Affect the Business Efficiency in a Region: A Case Study of Russian Regions

Gamidullaeva

Agamagomedova

2023

Economies

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Different business environments may have differential impacts. The improvement in the institutional environment and increased certainty about the future greatly impact entrepreneurial activity and business results. The reform of inspection and regulatory enforcement activities aims at improving the business environment, i.e., property, lawful rights, and interests against a variety of risks. Although the reform has been ongoing for several years in Russia, no systematic, independent evaluation of its efficiency and impact on the business efficiency at the meso-level of the Russian economic system has yet been implemented. The research aimed to investigate administrative barriers to business in (1) subdivisions of the Russian Federation on the example of monitoring and supervision activities of state bodies, and (2) the provision of public services. Besides, we measured the impact of administrative regulation on the effectiveness of entrepreneurial activity in the region. Findings from this research are useful in managerial practice, and for academic researchers and policymakers in emerging economies to adopt and consider to improve further the contribution of the administrative regulation institutions in regional economic development.

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Repressive administrative law

Cited by 3 publications

References 15 publications

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

How Administrative Regulation Institutional Factors Affect the Business Efficiency in a Region: A Case Study of Russian Regions

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