Administrative Court Decisions Research Articles

Juridical Study on the Cancellation of Land Certificate by Proof of Power Endorsement in the Review of Law No. 5 of 1960 concerning the Basis of Agrarian Law (study of decision No. 3/G/2021/PTUN. BDG)

This study discusses the cancellation of land ownership certificates based on evidence of verponding eigendom (BEV) in the framework of Indonesian Law, especially by Law No. 5 of 1960 concerning Agrarian Principles. The study aims to explore the legal basis, procedures, and implications of cancelling land certificates when administrative defects or court decisions have permanent legal force. The research method used is normative juridical with a descriptive approach, analyzing the Rule of Law and the case of Decision Number 3/G/2021/PTUN case. BDG. The study results show that the certificate can be cancelled if administrative, legal defects or the ratification of power are not by the procedure. In addition, court decisions have an essential role in determining the validity of certificates. The implications of this study show the importance of strengthening land administration in the National Land Agency (BPN) to increase legal certainty for landowners and reduce the potential for ownership conflicts in Indonesia.

Problematika Kepatuhan Pejabat Tata Usaha Negara dalam Eksekusi Putusan Pengadilan Tata Usaha Negara

The regulation of the execution of State Administrative Court (TUN) decisions in Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 on State Administrative Court does not include a mechanism for executing TUN decisions, which in practice has caused many problems that undermine legal certainty and justice for the public. The focus of the writing is to provide an understanding to the public about the urgency of implementing execution in administrative court decisions. The main issues include two aspects: the obstacles faced by administrative officials in executing administrative court decisions, and solutions to address the compliance problems of administrative officials in executing administrative court decisions. The research method used is a normative research method. The research findings indicate that the obstacles in the implementation of TUN Decisions are due to the non-compliance of TUN officials and the lack of enforcement power for TUN decisions. The solution to address the compliance issues of TUN officials in executing TUN Decisions is to file a maladministration complaint with the Indonesian Ombudsman to exert pressure and revise the PTUN law to provide enforcement measures against the relevant TUN officials.

Taxpayer's Obligation to Collaborate in Investigations Focusing on Three Administrative Court Decisions

Taxpayer's Obligation to Collaborate in Investigations Focusing on Three Administrative Court Decisions

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

The ways of creating a trust

This article explores the ways of creating a trust, according to Article 2074 of the Civil Code of the Republic of Moldova. To shed light on the legislative inspiration and the distinct characteristics of various methods of establishment, a comparative analysis is conducted concerning the provisions outlined in Book X (Trusts) of the Draft Common Frame of Reference, as well as the Civil Codes of the Province of Quebec, France, Romania, and the Republic of Moldova. The discussion emphasizes the ways for voluntarily creating a trust, namely by contract, unilateral declaration, and will, all of which are comprehensively regulated. Additionally, the article addresses the mechanism of creating a trust through administrative act or court decision, situations that necessitate explicit legislative regulation before implementation. The paper also delves into the relationship between ‘law’ and ‘administrative act’ as sources of trusts, presenting a hypothesis that the legislator intentionally substituted this term in the legislation of the Republic of Moldova.

Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court

This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.

Real Estate Tax Versus Case-Law of Administrative Courts – Statistical Analysis and Current Judicial Trends

The article presents the current problems with real estate tax. In the first part, the author elaborates on statistical data regarding judicial decisions of Regional Administrative Courts and the National Administrative Court in cases concerned with real estate tax. The second part cites the most important trends and lines of case-law. The author indicates the most significant issues that give rise to disputes and controversy. The deliberations contained in the text are mostly based on several aspects related to real estate tax, among others: 1) wind power plants; 2) electrical supply lines installed in the woods; and 3) definition of the term ‘telecommunication network’. The author analyses and describes the pivot of the problems that administrative courts deal with as well as draws key conclusions that may be relevant for both the taxpayer and the legislator. The aim of the study is to indicate the current trends in the judicial decisions of administrative courts regarding real estate tax. The design of the real estate tax (which is largely faulty) influences the increase in the number of disputes adjudicated by administrative courts. The following research methods were applied: statistical and dogmatic-legal analysis of both legal acts and courts’ decisions.

Optimizing the Role of State Administrative Court Decisions in State Financial Recovery

Optimizing the Role of State Administrative Court Decisions in State Financial Recovery

Collective patients’ rights in Polish law. Selected problems

The subject of the analysis in this publication is the problem of patients’ collective rights. In an attempt to find an answer to the questions concerning the essence of these rights and the relation between legal protection against violations of these rights and the protection against violations of individual rights of patients, the analysis covers the legal solutions in the field of patients’ rights in force in Poland, as well as the related literature and administrative court decisions. In this way, it was established that Polish legislation recognises the collective rights of patients understood as the rights of actual and potential patients treated as a collective, i.e. a group that deserves special protection, and establishes an additional method of their protection by way of administration, in which the object of protection is a collective interest (proceedings on practices violating collective patients’ rights before the Patient’s Rights Ombudsman), while some legislation recognises the right to collective patient involvement.

The Compliance of Regional Autonomy with State Administrative Court Decisions

Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.

Wyznaczanie temporalnych granic decyzji interpretacyjnej przez sąd (w świetle orzecznictwa sądów administracyjnych)

Subject of consideration in this article remains the problem of changing direction of interpretation in judicial-administrative jurisprudence, which sometimes produces consequences similar to the effects of a legislative change. Against this background, the authors attempt to formulate a description of the practice of application of law, i.e. to present jurisprudential arguments supporting decision on the scope of application of interpreted legal norm, as well as to reconstruct underlying assumptions. Using an example of two groups of selected judgments, authors consider cases in which argumentation of the temporal scope of impact of a particular interpretative direction appears in the justifications of administrative court decisions. The analysis carried out confirms that although courts generally assume the retrospective impact of interpretation, in a situation where the content of the derived legal norm fundamentally deviates from previous interpretative practice, they seek legitimization of their actions by justifying the intertemporal decision with constitutional values. These values provide an essential interpretive framework reflecting the cultural model prevalent in the native legal communication community. If courts perceive a risk of violating the values underlying the prohibition of retroactivity, such as legal certainty or principle of trust in public authorities, they indicate reasons for limiting the temporal scope of interpretation pro futuro, or on the contrary, for its effect ex tunc. Against this background, the retrospective effect of interpretation appears not as a consequence of interpretation being made, but rather as a kind of interpretative presumption that can be rebutted or confirmed if arguments are made that allow the interpretation to apply only to future states, or that give additional suport for retrospective application of new interpretation.

The Concept of the Mechanism of Competitive State Policy at the Regional Level

The mechanism of formation and implementation of competitive state policy at the regional level has been improved based on the generalization of a set of elements, namely: subject (public administration bodies); goal (effective protection of competition and development of a competitive environment to ensure sustainable economic development of the regional economy); means (system of antimonopoly legislation (AMZ), program documents, finances (benefits and preferences, etc.), information on the competitive environment); form (protective - mainly direct regulation; active - mainly indirect influence); methods (protective, active, indirect); tools (legal and economic regulation); model (hard, soft); object (competitive environment, market structure, competitive relations, market subjects, activities of public administration bodies). It was determined that competitive policy at the regional level is interdependent with other elements of the national economic policy system of the state. At the same time, modern competitive policy at the regional level can rightfully be considered an independent area of activity of state authorities. Value goals of competitive policy at the regional level are considered. Achieving the goal of competitive policy at the regional level involves solving the following tasks: effective implementation of control functions to identify and stop anti-competitive activities of business entities and public administration bodies; formation of a competitive environment and improvement of its condition due to the reduction of unjustified barriers to entry and doing business in the market, as well as the development of infrastructure to ensure access to it by interested market participants; creation of conditions for the development of competitive business entities; implementation of competition development measures in regions and individual areas. It was concluded that competitive policy at the regional level in a general sense includes two key directions in its structure: protection of competition (defensive competitive policy) and development of competition (active competitive policy). In modern conditions, competition advocacy is understood as a complex of actions of the subjects of competition policy, aimed at strengthening the competitive environment by using mechanisms that are not exclusively elements of the system of coercion to comply with the established rules for the application of sanctions based on administrative procedures and court decisions. It was revealed that the state policy in the field of competition protection and development is interdependent and interconnected with other elements of the country's national economic policy system. Based on the generalization of the set of elements of competitive state policy at the regional level, the mechanism of its formation and implementation is disclosed.

Pelaksanaan Pembatalan Sertifikat Hak Atas Tanah Karena Cacat Administrasi dan Putusan Pengadilan di Kabupaten Lombok Timur

Efforts to guarantee legal certainty and land legality apart from publish land certificates, also can be done by canceling land ownership certificates. In practice, it was found that a lot of land in East Lombok Reegency was still under disputed status. The discovery of administrative defects due to human error is efidence of non-compliance with the principle of land registration. This study aims to analyze the mechanism for cancellation of land ownership certificates due to administrative defects and court decisions at the National Land Agency Office in East Lombok Regency. Researchers apply normative juridical techniques with statutory approach. National Land Agency (BPN) has the authority to issue and cancel land rights in a concrete and final manner which causes legal consequences for both individual and legal entities. When a land title certificate is published, there is a possibility of administrative defects, and it can be canceled by a court decision as a party with permanent legal force. Conflict resolution disputes land in East Lombok Regency through legal measures has advantages and also disadvantages compared to negotiation and also mediation. Legal measures for disputes land in East Lombok can be used as an alternative conflict resolution involving indigenous peoples in order to maintain national security.

The Actual Proceeding and Administrative Relief System of Unfair Labor Practice in Taiwan: an Examination of Administrative Rulings and Court Decisions

The Actual Proceeding and Administrative Relief System of Unfair Labor Practice in Taiwan: an Examination of Administrative Rulings and Court Decisions

Legal Administrative Review of Deviations in the Execution of State Administrative Court Decisions in Indonesia

The role of the Administrative Court in resolving disputes within the "Government Administration" in Indonesia caused by the absence of executive power has a significant impact. The State Administrative Court, Legal Proceedings Law, regulates the integration and clarification of the enforcement of State Administrative Court decisions, so the execution of the decision is genuinely dependent on the good faith of the government body or its officials in complying with the law. The problem of executing the decisions of the State Administrative Court is a common legal phenomenon. As mentioned by Paulus Effendi Lotulung, the issue of execution is present in various countries; even though multiple regulations and mechanisms regulate it, but there is still no sufficiently effective coercive legal means to force the relevant agencies or officials to comply with the decision. Several factors that cause the weakness of the execution of State Administrative Court (PTUN) decisions that have obtained legal force are as follows: First, the absence of legal regulations that require State Administrative Court officials to implement legally binding court decisions. Second, the factor of judges' reluctance to include forced monetary payments in case the relevant State Administrative Court officials do not execute the court decision. Third, the compliance factor of State Administrative Court officials in carrying out legally binding court decisions. The issue of executing State Administrative Court decisions is also related to the implementation of regional autonomy, as with regional autonomy, all regional government officials in districts/cities have extensive authority in managing their regions and inevitably use administrative decision-making methods.

KEKUATAN EKSEKUTORIAL PUTUSAN PTUN (ANALISIS PELAKSANAAN PUTUSAN PTUN PADA KASUS PERIZINAN PERTAMBANGAN PT. TMS)

The PTUN’s decision are often not obeyed and implemented by state administrative officer. When the decision of PTUN doesn’t have executorial effect, judicial control which is owned by the PTUN as a form of implementing good governance in Indonesian state administration will be unclear. One of the problem occurs in the realm of mining business license. Government as the publisher of mining business license is often reluctant to comply with PTUN decisions to revoke decree on business license that violate the law. The purpose of this study is to determine the compliance level of the Minister of Energy and Mineral Resources and PT. Tambang Mas Sangihe (PT. TMS) to PTUN decision. The method of this study uses a normative juridical research model. While the data collection technique of this study uses library method. The results of this study shows that the disputed object “Decree of Minister of Energy and Mineral Resources Number: 163.K/MB.04/DJB/2021” is considered that have violated the law and general principle of good governance. As consequence, in PTTUN Jakarta's decision, the Minister was ordered to revoke the decree of mining permit for PT. TMS. However, the decision was not implemented by the Minister and PT. TMS.
 
 Keywords : Administrative court, Administrative court decision, executive power.

Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government

Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government

Controversy over the Estate Tax Assessment with Beneficiary Amendment Rights: Based on the Supreme Administrative Court's Decision No. 110, Case No. Shang 501

「他益信託契約」於訂立時有多種約定方式，而每種約定方式都將影響訂立時以及委託人或是受益人死亡時之關於信託財產與信託利益課稅問題。本文擬分析保留受益人異動權約款類型於贈與及遺產稅上的相關爭議。

Study of State Administrative Court Decisions as Enforcement of Guidelines for Handling Environmental Cases

Study of State Administrative Court Decisions as Enforcement of Guidelines for Handling Environmental Cases

Supreme Administrative Court Decision on Intra-Group Services Involving the Stock Spirit Group

This article provides some insights into the methodological approach of the Czech judiciary in the example of the Stock Spirits Group case involving intra-group services, including consulting services remunerated with a feature resembling a profit split method, charges made for support services and the recharge of services from third parties related to the refinancing of the loan. The key issue of dispute was the burden of proof on the taxpayer to establish that the services can be deducted for tax purposes, rather than the specific transfer pricing methodology.