Principles of Using Legal Discretion in Issuing Administrative Orders

Abstract

This academic article aims to present administrative actions characterized by the exercise of discretion in issuing administrative orders for organizational management. Administrative orders comprise essential elements, including characteristics, form, and legal validity, which are further divided into tangible and intangible components. The tangible components include having legal authority and adhering to prescribed forms and procedures, while the intangible component pertains to discretion. When administrative agencies issue administrative orders in any form, the authorized individuals must exercise discretion in doing so. This process must follow specific guidelines, such as adhering to the principles of legality, the principle of no power without law, proportionality, appropriateness,

and necessity. Errors in the exercise of discretion such as failure to exercise discretion, exceeding the discretion granted by law, distorting the use of discretion, or disregarding constitutional rights and freedoms along with the violation of general legal principles, which constitutes arbitrary use of discretion, inevitably affect administrative justice. Such errors impact both the recipients of the orders and the authorities issuing them.