LEGAL LIABILITY OF GOVERNMENT ADMINISTRATORS IN MALADMINISTRATION

The existence of all government is essentially intended to protect all the people and all the blood spilled and promotes the general welfare. It is therefore the duty of public service for all government and constitution is a fundamental right for citizens. But in practice sometimes the administrators in carrying out its constitutional duty to act of maladministration which cause a loss to the community, both material and immaterial. On the other hand, responsibility of the government to the citizens embraced by almost every state based on law. Indonesia is a country that applies the rule of law as stated in Article 1 (3) of the 1945 Constitution of Indonesia. Based on this reason that administrators act of maladministration in the implementation of government should be legally defensible. Furthermore, a person who should be responsible is not a government administrator’s position, this is due to the action of maladministration is a violation of norms of government officials’ behavior. The legal liability by legislation could be accounted for by administrative law separately, civil law and criminal law.