Abstract
This study aims to examine administrative efforts as Premium Remidium in the settlement of State Administrative disputes (TUN) in Indonesia. In particular, the discussion in this study regarding administrative efforts as a premium remidium in state administration disputes in Indonesia, the legal consequences of not carrying out administrative efforts by the plaintiffs, and discussing the advantages and disadvantages of implementing administrative efforts in the settlement of state administration dispute. The research method used in this research was normative juridical and used secondary data consisting of laws related to government administration as the primary material and secondary legal materials, namely literature related to research problems. Based on the results of the study, it is known that administrative efforts are the premium remedy (main drug) in the settlement of state administration disputes in Indonesia. The legal consequences that arise when the settlement of the state administration dispute is not preceded by administrative efforts but directly submits a lawsuit to the Administrative Court, namely the lawsuit can be declared not accepted by the judges. Administrative efforts have advantages and disadvantages related to the state administrative dispute resolution mechanism in Indonesia.
Highlights
The running of a country cannot be separated from the implementation of the duties and functions of the Government, in this case, is the official of the State Administration (TUN)
This study aims to examine administrative efforts as Premium Remidium in the settlement of State Administrative disputes (TUN) in Indonesia
State Administration officials must carry out their duties and functions based on the law; this is a logical consequence of the principle of the rule of law adopted by the Indonesian that has been stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia
Summary
The running of a country cannot be separated from the implementation of the duties and functions of the Government, in this case, is the official of the State Administration (TUN). The relationship between Indonesia as a legal state and State Administration officials can be likened to a ship and its crew. Indonesia as a legal state ship can only sail when the crew, in this case, the State Administration officials, work well in accordance with their duties and functions that have been determined by the laws and regulations.. The implementation of administrative tasks related to internal affairs (employment matters) and external to a government agency (State Administration Agency/Official) is always related to the task of making State Administrative decisions (KTUN). State Administrative Dispute is a dispute that arises in the field of State Administration between a person or a civil legal entity and a State Administration Agency or Official, both at the central and regional levels.
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