DISKRESI PEMERINTAH KOTA SURABAYA TERHADAP PENERBITAN IZIN MENDIRIKAN BANGUNAN (IMB) PASCA BERLAKUNYA PERATURAN PEMERINTAH NOMOR 16 TAHUN 2021 TENTANG PERATURAN PELAKSANAAN UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG

Abstract

Unitary State of The Republic of Indonesia based on The 1945 Constitution Article 18 Paragraph (1) is divided into provincial regions, and each provincial areas are divided into regencies and cities, each of which has regional administration regulated by law. The freedom to manage the area or called regional autonomy refers to Law Number 32 of 2004. The implementation of regional autonomy aims to make the government closer and able to carry out government functions more efficiently and effectively. So that public services can be carried out and achieve maximum results, the government administration is given a certain independence to act on its own initiative to resolve various problems that have not yet been formed a legal basis for settlement by the legislature which then in state administrative law is given free authority in the form od discretion. The freedoms exercised by government administration is limited by The General Principles of Good Governance (AUPB), in particular the principle of prohibition of abuse of authority and the principle of arbitrary prohibiton. In the event of legal deviations from the discretionary decisions that result in losses to society, then discretionary decisions must still be accounted for. This is in accordance with the principle “geen bevoegdheid zonder verantwoordenlijkheid” that is there is no authority without accountability