Hakikat KTUN Menurut Undang-undang Peradilan Tata Usaha Negara Vs Undang-undang Admnistrasi Pemerintahan

Abstract

KTUN as object of dispute in PTUN has been regulated in the Administrative Court Law including the procedure. After the promulgation of the Administrative Law of the Government, KTUN and the procedure also regulates the Law on Government Administration, but it is a difference in the regulation of the nature of decisions and procedures. The type of research used is normative legal research. Based on the results of the study it can be concluded that there are differences in arrangements for the 3 aspects regulated in the Administrative Court Law and Government Administration Law, namely the first arrangement of the nature of the KTUN, where the concept of KTUN becomes a supplement after the birth of the Government Administration Law and has implications for changes supported by PTUN. Arrangement of Registration status that is kept quiet by the Agency and / or TUN Officials, which were previously fictitious negative but after the birth of the Administration Administration Law became fictitious positive; Carry out a claim filed by the administration in the form of an appeal. Although there are differences, regulating for the material law based on the Government Administration Law and formal law is still guided by the Administrative Court Law. The implication of the regulation on the nature of the KTUN in the Administrative Court Law and Government Administration Law is as agreed by the KTUN and suspended by PTUN authorities, a positive fictitious decision that cannot provide legal guarantees and filing a claim to PTUN against a belt connection which is not in accordance with the principle simple, fast and cheap court.