Aktualisasi Asas Praduga Keabsahan (Vermoeden Van Rechtmatigheid Preasumtio Iustae Causa) Dalam Pengujian Penyalahgunaan Wewenang di PTUN

Abstract

The existence of the State Administrative Court is one of the characteristics that shows that Indonesia is a rule of law country. The State Administrative Court has an important role in ensuring the validity of the law in the implementation of state administration, which in this case is adjudicating the actions of officials or state apparatus which are contrary to the principles of good governance and completing the rescue of the KTUN. In the process of resolving the KTUN resolution, the principles of State Administrative Justice are of course used, one of which is the principle of examining legal validity (rechtmatigheid principle) which has an important role in making decisions regarding the release of KTUN. Therefore, this article tries to explain again the essence and influence of the implementation of the principle of legal validity. The writing method used in this research is juridical-normative using a statutory approach and a conceptual approach. This paper uses a normative research method, namely an approach based on legal materials by examining concepts, theories, legal principles and statutory regulations, as well as relevant literature in this paper.