Harmonization Of State Administrative Court Law And Other Laws Concerning The State Administrative Courts Exclusive Authority

Abstract

This study describes and analyzes the urgency of harmonizing the exclusive authority of State Administrative Court as stipulated in the State Administrative Court Law and Non-State Administrative Court Law, and how to do this harmonization in relation to the implementation of legality principles, the theory of hierarchical regulations, and laws on the establishment of laws and regulations. As normative research using statutory and conceptual approaches, this research used a descriptive qualitative analytical method. It is expected that the results of this research can contribute to the development of Constitutional law and State Administrative Law, as well as to contribute ideas to policymakers in making and formulating various regulations related to appropriate methods to overcome disharmony in regulating the exclusive authority of the State Administrative Court to ensure that the law issued on the exclusive authority of the State Administrative Court meets society’s needs for good laws and regulations. This study concluded the following points: first, it is necessary to harmonize the State Administrative Court Law and laws other than State Administrative Court on the exclusive authority of the State Administrative Court to avoid any overlap to ensure harmonization of the laws. Secondly, the usual drafting method is more appropriate than the omnibus method because we only need to amend the State Administrative Court Law, while the other laws remain unamended.