Administrative Decree Research Articles

Keabsahan Keputusan Tata Usaha Negara yang Diterbitkan Pasca Undang-Undang Cipta Kerja

This study aims to analyze the validity of State Administrative Decrees issued by State Administrative Agencies/Officials based on the Job Creation Law in order to accelerate business licensing juxtaposed with the legal requirements of a State Administrative Decree. The research used is a critical analysis with a qualitative approach involving analysis of legal documents and related literature. This study reveals that the acceleration of the issuance of business licenses based on Government Regulation Number 5 of 2021 must meet the criteria for the legal requirements of a State Administrative Decree. The results of the study are expected to provide a comprehensive picture of the risks and impacts of the issuance of business licenses on business actors and provide input in the preparation of regulations that are derived from the Job Creation Law.

Disparity in Authority of the State Administrative Court and District Court in Adjudicating Certified Land Claims

The title certificate over land is a form of State Administrative Decree, based on Article 1 number 3 of Law Number 9 of 2004 concerning the Second Amendment 2 to Law Number 5 of 1986 concerning the State Administrative Court. Related to that, if there are individuals and legal entities who object to the decision, the objection can be made through a lawsuit to the State Administrative Court based on the absolute compatibility of State Administrative Procurement. There are legal facts, the Sungai Full District Court of Jambi Province accepted, examined, tried and decided objections to the certification further in its decision stating that the certificates of the Defendants were invalid.

Defending the Austrian Interpretation of the 1920-21 Depression: Reply to Borazan

In Newman (2016), I argued that the Federal Reserve’s monetary expansion in 1919 generated an inflationary boom that forced it to raise interest rates, thereby precipitating a sharp contraction in 1920. Recovery began because businesses cut nominal wages, and this occurred before the Fed’s 1921–22 easing reached the economy. In contrast, Borazan (2023) attributes the boom to government spending and speculative inventory investment and the recovery to an “administrative decree” about the return to expansionary monetary policy, among other contributors. This reply argues, first, that Borazan’s analysis ignores the role of the Fed’s expansionary policy in causing the boom and the resultant inflation. Second, I show the inapplicability of Borazan’s administrative decree and revisit the importance of market-based wage cuts in generating the recovery.

Liberalconstitutional Backsliding of Democracy and the Threat of the Pandemic

In this article we argue that what is called today a ‘democratic backsliding’ or de-consolidation should be analysed, at least in some cases, as a liberal-constitutional backsliding for which the pandemic of Covid-19 adds a new impetus and creates the situation where violation of constitutionality of law might become a norm. In our theoretical considerations, we propose to examine this problem from two interconnected perspectives: the tension between the liberal and the democratic components of liberal democracy, often overlooked by the dominant democratic theory, and constitutionalism as the major safeguard of individual rights and liberties that limits democratic sovereignty, or the will of the people expressed by democratic representation. To better understand the nature of the current crisis of liberal-constitutional backsliding, we refer to Carl Schmitt’s concept of ‘the administrative state’ where the dominant legal act is an administrative decree which does not require constitutional legitimacy or even the guarantee that it expresses the will of the majority. Our empirical considerations focus on the case of the liberal-constitutional backsliding in Poland exacerbated by the pandemic, which provides a good illustration of how the tensions within the liberal-democratic model itself can be used to justify democratic sovereignty as the only source of political legitimacy.

Implications of Ownership Certificates that Overlap with Business Use Rights Certificates

ABSTRACT Land title certificates are a form of legal certainty provided by the state to its people in relation to land ownership, but legal issues are still common regarding these land title certificates, such as overlapping with other land title certificates and frequent overlaps. with a usufructuary certificate. So that the purpose of this research is to analyze how the position of certificates of ownership rights overlaps with certificates of cultivation rights and how is the legal protection for the ownership of certificates of ownership rights which overlaps with certificates of cultivation rights. The method used in this research is a normative research method. The results of this analysis are that first, the position of ownership certificates with overlapping usufructuary rights means that there is no power and does not provide legal certainty, because the purpose of someone carrying out land registration is to obtain a certificate as a perfect means of proof. Second, the government provides preventive legal protection where before issuing a State Administrative Decree, in this case, the National Land Agency will issue various kinds of announcements intended to give the public the widest possible freedom of information. So that the National Land Agency must be more careful and more selective in carrying out land registration for land rights that will carry out registration and for the community so that they can optimize the use of land owned so that it is not used by other irresponsible parties.

Juridical Consequences of Expansion of the Object of the State Administrative Court Towards the Application of the General Principles of Good Governance in Indonesia

After the emergence of Law Number 30 of 2014 concerning Government Administration, there has been an expansion of the meaning of State Administrative Decrees. The expansion of this understanding is very necessary because the object of the State Administrative Court is becoming increasingly broad. However, the widening of the object does not necessarily guarantee that the state administration will run in line with the General Principles of Good Governance. This research was made with the aim of knowing the expansion of the meaning of State Administrative Decisions after the emergence of the Government Administration Law and good governance after the emergence of the Government Administration Law. The research method used is normative juridical with a statutory approach. Sources of data used are primary legal materials, secondary. It was analyzed qualitatively, and the existing data was obtained through literature study data collection methods. In this study, the results were obtained that there was indeed an expansion of the meaning of State Administrative Decrees after the emergence of Law Number 14 of 2014 concerning Government Administration. As well as the expansion of the meaning of the State Administrative Decree has a very close relationship with the realization of the General Principles of Good Governance. This principle has been used as a basis for the government to carry out its duties and has become a judicial test tool when assessing government actions.

TINJAUAN YURIDIS PEMANFAATAN TANAH SETELAH DITETAPKAN SEBAGAI TANAH TERLANTAR PADA PUTUSAN PERKARA NOMOR 62/G/2013/PTUN.SBY

The judge's reasons in resolving case number 62/G/2013/PTUN.SBY and the use of land that has been categorized as abandoned land are examined in this study. The goal of this research is to look into the legal aims theory that was used in this case's conclusion. The normative legal research method is used in this study. According to the findings of this study, the panel of judges in the trial reviewed the plaintiff's claim about Defendant I's determination of abandoned land because there are values that must be preserved by law and there is a causal relationship. One of the unfulfilled processes in the determination of abandoned land (1) The panel of judges believes that the official report on the identification and research of Defendant II's abandoned land is still incomplete and has not yet resulted in any legal consequences. (2) The panel of judges believes that the grounds for Defendant III's issuing of the State Administrative Decree is primarily based on Defendant I's State Administrative Decree. (3) The panel of judges requests that Defendants I and III have the State Administrative Decree issued revoked. (4) It is required to utilize abandoned land after it has been designated as such, although it has not been done so to date. (5)

Existence of State Administrative Court in Resolving Disputes

In Indonesia, PTUN is part of the judiciary which is organizationally under the Supreme Court and does not stand alone as in countries which base their legal system on codified civil law in general, because it is under the Supreme Court, hence judicial technical development. The State Administrative Court is an institution that has an important role in protecting the rights of people who are harmed by the enactment of a State Administrative Decree (KTUN) made by government officials. In addition, the PTUN's authority in assessing the actions of government officials can be used as a control or supervision of government officials. Law No. 5 of 1986 concerning State Administrative Radiation in Article 47 it is emphasized that the State Administrative Court has the duty and authority to examine, decide and resolve State Administrative disputes (PTUN).

Pemberhentian Tidak Dengan Hormat Anggota Kepolisian Negara Republik Indonesia

Introduction: Disrespectful dismissal of members of the Indonesian National Police must be in accordance with the provisions of the legislation.Purposes of the Research: Therefore, this paper aims to examine and analyze the validity of dishonorable dismissal and legal remedies that can be taken. Methods of the Research: The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this study are primary legal materials and secondary legal materialsResults of the Research: The recommendation for dishonorable discharge issued by the Commission for the Professional Code of Ethics of the Indonesian National Police to the violator, namely Markus Junus Pattimaipau, as the basis for the issuance of a decree by the Maluku Regional Police Chief regarding Disrespectful Dismissal is not in accordance with the mechanism of the provisions of the applicable laws and regulations. Apart from that, the recommendation for dishonorable dismissal that is issued if it is related to the legal requirements of a decision does not meet the requirements of the procedure and substance and general principles of good governance, then the decision can be said to have no validity. The issuance of the Decree of the Head of the Maluku Regional Police regarding the dishonorable discharge of the Indonesian National Police Service which has no further validity. Markus Junus Pattimaipau in the aspect of legal protection who is harmed by the State Administrative Decree may file legal remedies based on the provisions of the applicable laws and regulations.

The Legal Impacts And The Government’S Efforts To Respond To Electronic State Administrative Decisions Following The Enactment Of Law No. 11 Of 2020 On Job Creation

Responses to applications for state administrative decisions within a time frame of 10 working days as regulated in Article 53 of the Law No. 30 of 2014, which apparently does not provide legal certainty to applicants. This condition is attributed to the fact that electronic form of applications within the 10 working days will not automatically be granted, unless applicants apply to the State Administrative Court. On that basis, the provisions of Article 53 of the Law No. 30 of 2014 were amended by Law No. 11 of 2020 to guarantee the applicants that their electronic form of application within the time limit of five working days will be granted without going through a judicial process. Thus, this study aims to address two aspects, the legal impacts of the issuance of Electronic State Administrative Decree after the enactment of Law No. 11 of 2020, and the government’s efforts to respond to the issuance of Electronic State Administrative Decree after the enactment of Law No. 11 of 2020. The research was conducted using normative legal research, particularly library sources, and secondary data in the form of primary, secondary, and tertiary legal materials. The study showed that the legal impacts of an electronically submitted application for a state administrative decision according to Article 53 of the Law No.11 of 2020 have the same legal force as a state administrative decision issued directly by a government official. Clearly, the government’s efforts to issue electronic form of application for the State Administrative Decisions by individuals and/or legal entities after the enactment of Law No. 11 of 2020 are carried out to build digital-based governance in all lines of government.

The Corporate Tax Option for Partnerships

In this article, the authors comment on a new provision giving German partnerships the option to be taxed as corporations, as well as an administrative decree released in November 2021.

Testing the Principle of Praesumtio Iustae Causa in State Administrative Disputes During Pandemic

In the implementation of the state administrative decree, the principle of praesumtio iustae causa is known as part of the implementation of the state administrative decree to resolve state administrative disputes. This principle means that a state administrative decision is always considered valid. This research has the aim of providing protection for the rights of the people that originate from individual rights as well as providing protection for the rights of the community based on the common interests of individuals in the community. The government has an obligation to promote the general welfare as stated in the constitutional mandate. In carrying out this obligation, the government takes regulatory and administrative law enforcement actions. The research method used is descriptive normative research, judging from the effectiveness of this principle is considered valid. And not only that, the possibility of disputes in the state administrative area occurring in the current pandemic era sees this case being included in the area of state administration, even these disputes are often found in the government. The conclusion is Article 65 of Law Number 30 of 2014 concerning Government Administration, what is protected is the interests of the wider community who will be harmed by the issuance of the government decree. So that with the provisions in Article 65 of Law Number 30 of 2014 concerning Government Administration, it can add options for the community to get wider legal protection for the issuance of a government decree/action.

Evaluating Security Implications of Spectrum Allocation in Licensed and Unlicensed Use: 5G vs. Wi-Fi

The Federal Communications Commission (FCC) declares that 5G and Wi-Fi are complementary technologies. This sanguine observation belies the intense competition between policy actors to secure finite radio spectrum for these technologies. While consumers may experience the “seamlessness” enabled by wireless technologies, there are important economic, spectrum, and security differences between 5G and Wi-Fi which have policy implications. 5G spectrum is acquired by a competitive bidding or other market process (e.g., auction or secondary transaction); Wi-Fi spectrum is designated by the FCC’s administrative decree and does not require a license. The former frequently involves a sizable payment to the Treasury for usage rights while the latter does not. The technical elements of 5G and Wi-Fi have different security vulnerabilities in protocols, infrastructure, encryption, authentication, and equipment. The FCC has limited statutory authority to address security issues, but its spectrum allocation decisions have inherent security implications, particularly when it can deem an entire band for licensed or unlicensed use. To demonstrate the differences and the policy implications, the paper reviews the FCC’s C-band auction for 280 MHz for 5G and the FCC’s 6 GHz proceeding for 1200 MHz for unlicensed use, though Wi-Fi is considered the leading application. The C-band auction drove $94 billion in gross proceeds, the net proceeds of which, $81 billion, are deposited to the Treasury. One projection is that economic value derived from the C-band spectrum will bring $191.80 billion over 7 years. For the 6 GHz proceeding, this amount contrasts with zero which is realized by the Treasury through unlicensed spectrum, though over 6 years the spectrum brings $153.76 billion in direct and indirect economic benefits. While an imperfect analysis, a preliminary comparison suggests that the C-band spectrum provides 4.5 times more economic value per MHz than Wi-Fi in the 6 GHz band. The paper briefly explores the role of institutional entrepreneurship to suggest that the FCC’s spectrum decisions are not necessarily a straightforward comparison of the cost and benefits of the technologies but rather the outcome of a complex interplay of policy actors, particularly their respective trade associations. The recent experience offers a counterpoint to the regulatory enthusiasm for unlicensed use and suggests a revisiting the calculations of opportunity cost in spectrum allocation models.

DAC6 Implementation in Germany

In this article, the authors comment on DAC6 implementation in Germany, including the recently published administrative decree of the German tax authorities on DAC6, which provides some guidance on implementation in practice.

Transport decarbonization in big cities: An integrated environmental co-benefit analysis of vehicles purchases quota-limit and new energy vehicles promotion policy in Beijing

In the deep decarbonization era against climate change, big cities set ambitious targets for road transport. As China’s capital, Beijing has very strict vehicles quota-limit policies. This study contributes to the literature for its innovations on the evaluation of quota-limit executive policy for big cities which few studies have studied, and its improved method with integrated analysis model which distinguish itself for including future co-benefit estimation and enterprise-level data analysis. This study estimates the energy consumption and health environmental co-benefit up to 2030, results show that the ambitious policy will significantly reduce both CO2 and key atmospheric pollutants emissions. Besides, the health economic loss from different illnesses attributed to NOX, CO, PM2.5 and HC will be 65 %, 61 %, 19 % and 57 % lower than reference scenario in 2030. During the energy transition, gasoline will still occupy the biggest proportion of the passenger sector fuel use in Beijing. However, the quota-limit policy will have significant integrated impact on both emission mitigation and avoiding public health damage. This study provides a good reference for big cities in other countries for both its improved method and the effectiveness of administrative decree policy for urban transport planning.

Implementation of Fictitious Positive Decision Case Settlement at Administrative Courts

The enactment of Law Number 30 of 2014 on Government Administration, has given birth to a new paradigm related to silence or neglect of an application to obtain a ruling or a decision from a State Administration official becomes positive, meaning that every application for a State Administrative Decree that is Not followed up and/or ignored by State Administration officials are considered legally granted, as confirmed in the provisions of Article 53 paragraph (3) of Law Number 30 of 2014 concerning Government Administration. According to the principle of a fictitious positive decision, if the State Administration Agency or Official does not issue the requested decision, while the predetermined period has passed, it is legally deemed to have issued a decision granting the application (a fictitious positive decision). At the level of implementation at the Administrative Court, the procedure for the Fictitious Positive Application has been regulated in Supreme Court Regulation Number 8 of 2017, concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decisions and / or Actions of Government Agencies or Officials. This Court Regulation number 8 is an amendment and refinement of the Supreme Court Regulation Number 5 of 2015 concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decision and/or Actions from Government Body or Officials.

Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar)

The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.

KOMPETENSI PERADILAN TATA USAHA NEGARA TERHADAP PENGAWASAN PENYELENGGARAAN PEMERINTAHAN DITINJAU DARI PERLUASAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

This article discusses Administrative Court’s control function in governance toward implementation of government’s duties. As we know, Administrative Court has its role to resolve any administrative disputes between government and citizens. The aims of this article is to know deeply the competency of Administrative Court after the enactment of Law Number 30 Year 2014 about Government Administration as the law regulates main material sources of state administrative law. This is due to the addition of general principles of good governance’s types to file a tort claim for an unlawful act committed by government. Moreover, general principles of good governance become a legal instrument for Judges of State Administration Court to review the legality of any decision of State Administration. In the Article 10 Law Number 30 Year 2014 is stated that there are eight types general principle of good governance. However, Judges has a right to look broader and find another types beyond that eight in order to make legal decision. Therefore, Law Number 30 Year 2014 becomes foundation of the main material law of state administrative procedure law. In the other hand, Law Number 30 Year 2014 requires government to publish every administrative decree based on provisions in law and general principles of good governance.

Auf der Suche nach “Verfassungsfeinden”: Der Radikalenbeschluss in Hamburg, 1971–1987

The Radicals Decree—or what Jaeger calls (p. 11) the Radicals ‘Resolution’ (Beschluss) in order to emphasize that it represented a statement of political intention, rather than a formal administrative decree (Erlass)—was one of the most traumatic events in the history of the Federal Republic. However, the topic has been glossed more often than it has been made the object of study in its own right, and Jaeger’s account of the origins, implementation, and eventual rollback of the Resolution in Hamburg is the first comprehensive analysis of the loyalty review process at any level of government. Jaeger’s account is informed by a number of important insights. Virtually all of the literature has maintained that the novel, and the most important, feature of the Resolution was the decision to require loyalty checks on all applicants for public employment (the so-called Regelanfrage). However, Jaeger places the accent elsewhere and argues that the decree became the catalyst for an extended debate over the proper balance between the loyalty obligations of civil servants and their constitutional rights to engage in political activity and free speech (Treuepflicht versus Parteienprivileg), over the relationship between internal security and civil liberties, and thus over the concrete meaning of the Basic Law.

Inscribing Authority: Scribal and Archival Practices of a Safavid Decree

AbstractThe mis̱āl, a type of administrative decree associated with the most important religious official in Safavid Iran (1501-1736), the ṣadr, has received little scholarly attention. This article attempts to lay the preliminary groundwork for a more comprehensive future study on the mis̱āls of the Safavid ṣadrs. In the first part, we introduce the ṣadr and his department, the dīwān al-ṣadāra. In the second part, we study how the scribal and archival practices of the mis̱āl construct the religious and administrative authority of the ṣadr and the dīwān al-ṣadāra. We focus on an unpublished mis̱āl relating to the endowment (waqf) of the shrine of a prominent Sufi shaykh of the Ṭayfūriyya tradition in Basṭām, Shaykh Abū ʿAbdallāh Muḥammad b. ʿAlī Dāstānī (d. 417/1026). The appendix includes the text, translation, and a facsimile of the document.