Factual Actions Research Articles

Perluasan Kompetensi Pengadilan Tata Usaha Negara dalam Mengadili Tindakan Faktual Pemerintah

Decisions and decrees as legal instruments of the government in carrying out legal actions unilaterally, can be the cause of legal violations for citizens, in Law Number 5 of 1986 concerning State Administrative Courts and its amendments, the law explains that the object of state administrative disputes is that which contains legal actions that can have legal consequences for a person or civil legal entity, at least there is ease for the public to sue the government and request the cancellation of decisions made by the government, but due to the expansion of objects in Law Number 30 of 2014 Article 87 letter (a) includes written decisions, it also includes factual actions. Therefore, the problem formulation in this research is whether the state administrative court has the authority to adjudicate factual government actions that harm the community, how legal protection for people who are harmed by factual government actions. This research is a normative legal research with statutory, conceptual, historical, and doctrinal approaches that apply to determine the rule of law as a whole. The results showed that the expansion of the competence of the State Administrative Court to adjudicate factual actions of the government is not competent because it cannot cause legal consequences because it is not in line and contradicts what is regulated in Law Number 5 of 1986 concerning State Administrative Courts and its Amendments, the public does not get legal protection through the State Administrative Court as a result of the factual actions of State Administrative bodies/officials. Suggestions from this research are that factual actions should be removed or eliminated from the competence of the State Administrative Court and there is no need to expand the object of State Administrative disputes, for people who feel harmed by factual actions of State Administrative bodies/officials should file a lawsuit against the law to the district court.

MODEL-MODEL PENILAIAN SENGKETA TINDAKAN FAKTUAL OLEH HAKIM PENGADILAN TATA USAHA NEGARA

The presence of Law No. 30 of 2014 on Government Administration that expands the meaning of state administrative decisions is not only interpreted as decisions in written form but includes factual actions. This of course also expands the authority of the State Administrative Court (PTUN). However, factual actions are not expressly mentioned in the Law. Therefore, what is interesting in this article is to clarify what factual action means. Then analyze the judge's style in deciding the object of the factual action dispute. The results of this study resulted in two conclusions, first, there are six characteristics of factual actions, namely actions or actions in public jurisdiction, actions or actions that are concrete/real, carried out by government officials/bodies, do not have legal effects, and cause factual effects. Second, there are five models of assessment of factual actions by judges at the PTUN. These five models of assessment are carried out on the same object of dispute, but PTUN judges have different grounds for consideration in deciding cases of factual action disputes. This assessment model is carried out on six PTUN decisions as material for study in this article. So that knowing the judge's assessment models, strengthens our understanding of the resolution of factual action disputes both in terms of concepts and practices at the PTUN

DEVELOPMENT OF REGULATIONS ON FACTUAL ACTIONS POST-LAW ON GOVERNMENT ADMINISTRATION: 2024 ELECTION PROCESS DISPUTE STUDY IN CASU PRIMA POLITICAL PARTY

<p><em>Factual actions in state administrative law have experienced developments after the issue of government administration law. This factual action is active in nature and is always preceded by a written decision from state administrative officials (TUN). However, in practice, factual actions involving written decisions are still subject to district courts accepting claims for unlawful acts (PMH) such as official decisions of state administrative officials (TUN) which are naturally the public law. This can be seen in the Jakarta District Court Decision Number: 757/Pdt.G/2022/PN which has punished the General Election Commission of the Republic of Indonesia (KPU RI) to postpone the General Election (Pemilu) and pay compensation. The aim of the research is to analyze the problems of the authority of written factual actions and to reformulate fair laws in the PTUN judicial system as well as the amount of awarded compensation procedures. Meanwhile, this research uses normative legal methods with statutory, conceptual and case approaches. The data collection method is by means of secondary data. The results of this research show that in the development of factual actions in state administrative law there has been an expansion of meaning to include written decisions, so that if there is a dispute over the election process between participants and the organizers of the General Election (Pemilu) then dispute resolution becomes the realm of absolute competence of the State Administrative Court (PTUN) after taking legal adjudication efforts at the Election Supervisory Body (Bawaslu). For this reason, in the future, legal reformulation efforts are needed regarding the expansion of the meaning of written decisions to also include factual actions contained in Law Number 51 of 2009 concerning PTUN, and changes to Government Regulation Number 43 of 1991 in the nominal amount of compensation awarded in PTUN according to real conditions regarding factual actions that give rise to PMH by the government.</em></p>

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.

Judicial Progress of Electronic Administrative Law in the Post-Reform Era of Digital 4.0

Over the past decade in Indonesia, especially in the field of administrative justice or state administrative justice, there has recently been major reform in the justice system, starting with the enactment of Law No. 14 of 2008 concerning the Openness of Information to the Public, until recently with the enactment of Law no. 9 of 2018 concerning non-tax state revenues, there has been a very rapid expansion of the absolute jurisdiction of state administrative courts so that now they are not only allowed to examine beschikking but are also authorized to adjudicate all types of government administrative decisions, as long as they are not included in statutory regulations. invitations, and also to resolve disputes about factual actions. 1 of 2019 which opens a new paradigm for the justice system in Indonesia, or electronic courts (e-court). The method used is a bibliographic search method or a search that takes sources from related literature and is related to the discussion. In this document, it can be concluded that it is necessary to update the substance of the State Administrative Courts Law which is outdated in the digital era 4.0.

Extensive Jurisdiction of State Administrative Courts in Indonesia: Interpretation and Legal Coherence Issues

Prior to 2014, state administrative courts’ authority was constrained due to the limited construction of administrative decisions and exclusion articles in the SAC. The GAA expanded these restrictions in 2014 by modifying those provisions. The court is empowered to review not only written administrative decisions but also unlawful factual government acts. However, the expansions give rise to multiple interpretations and legal coherence concerns. Crucial issues include jurisdictional conflicts between administrative courts and other courts, varying interpretations of legal standing requirements and legal injuries, identifying the government’s factual actions as defined by the GAA, and the existence of exclusion articles in the SAC. This study uses a systematic and conceptual legal interpretation and analysis with three approaches. It concluded that the basic principles and concepts in the SAC should not be neglected when interpreting the provisions of the GAA. There are certain legal coherence issues if the interpretation of the GAA is not linked to the SAC. To solve these problems, the GAA’s implementation and the extensive jurisdiction of the administrative judiciary require the integration and reformulation of substantive and procedural laws and judicial institutional relations.

교원소청의 청구이익에 관한 검토

Under the Teacher Status Act, the teacher appeal review system is a special legal system that can function very importantly as a pre-trial remedy for teachers' educational activities and illegal infringement of rights and interests. In order for the Faculty Appeal Review Committee to fulfill its legal and institutional functions, it is natural that teachers must have high reliability and utilization of the system. However, if teachers are not aware of the necessity of such a system, and they become distrustful, there will be no purpose for the system to exist. Therefore, in order to enhance the necessity and function of the teacher appeal review system, the general reason for existence of the system, the benefits of claims in administrative trials, administrative litigation, and constitutional complaints were reviewed, and the hearing, scope, and deliberation laws of the teacher appeal review committee were briefly reviewed. In particular, the expansion of the subjectivity of the teacher appeal is very consistent with the purpose of the existence of the teacher appeal system, the protection of teachers' educational activities, and the protection of teaching rights. Next, the Teachers' Appeal Review Committee plans to expand the scope of the claimed profits. Given that the disposition, which is the subject of administrative disputes, is expanding to general dispositions and that the subject is gradually expanding, it is necessary to expand the eligibility of claimants and claim profits to aspects of economic interests, not just power alone and power factual actions. The third is the expansion of the legal principles for hearing. In other words, it is a plan to expand the legal principles for reviewing discretionary power at the Faculty Appeal Review Committee. If the scope of the recognition of discretion is expanded beyond the logic of simple discretionary rights and the law on the deviation and abuse of discretionary power can be applied, the purpose of the existence of the teacher appeal review system can be greatly improved. In other words, I think that it will be a very useful and convenient relief system for teachers even if the target of teacher appeal is expanded.

LEGAL REGULATION OF ACCESS TO TECHNOLOGICAL INFRASTRUCTURE IN THE FUEL AND ENERGY SECTOR

The article analyzes the doctrinal foundations of technological connection as an institution of energy legislation, as well as its main features and problems of law enforcement. At the same time, the multidimensional nature of this institution is emphasized, in particular, including technological, economic and legal aspects. The expediency of legislative consolidation of the right of access to energy infrastructure for consumers of energy and energy resources, which must be distinguished from factual (technological) actions aimed at its implementation, is shown. The possible cases of denial of access to technological infrastructure and their consequences are analyzed, the need for regulation of such consequences for network and resource transportation organizations is shown. From the doctrinal and law enforcement positions, the question of the legal nature of the technological connection agreement is investigated, while the impossibility of its legal qualification as a sui generis contract is shown. The legal qualification of the contract for technological connection is related to the issue of the customer’s right to unilaterally refuse to execute the contract for technological connection, which is an important element of its legal status. When studying the issue of alienation of the right to the connected capacity, it is concluded that its alienation is permissible, provided that mechanisms are created to prevent abuse of the right in this area.

Legal Problems in Determining Factual Actions as Dispute Object of the State Administrative Court in Indonesia

This study’s aim is to analyze how the concept development of State Administrative Decision (KTUN) in Indonesia. It is also to analyze the legal problems of determining factual actions as the dispute object in the Administrative Court because, after the promulgation of Law Number 30 of 2014 concerning Government Administration, there are some legal effects, especially after the emergence of factual action term as renewal. This study is normative research on the rules or the Law itself and the principle of positive Law by making legal materials the object of study. The approach used in the study is the approach of legislation and conceptual approach. The research data needed in this study is through the method of literature or documents and analyzed in a descriptive-qualitative way. The results showed that the KTUN before the Law Number 30 of 2014 is a written determination issued by a state administrative body or official containing administrative legal acts based on applicable laws and regulations, which are concrete, individual and final, giving rise to legal consequences for a person or civil legal entity. While the KTUN after the renewal is a written determination that includes factual actions, decisions of bodies and/or state administration officials in the executive, legislative, judicial, and other state administrations, based on the provisions of legislation and the General Principles of Good Government (AUPB), and final in a broader sense give decisions could have the potential to cause legal consequences, and/or could apply to citizens. The renewal is to cause problems such as chaos from the meaning of terminology, for example, the use of the term decision and or action. In addition, there is no specific explanation, so it is feared that legal norms are ambiguous, especially for judges in examining cases related to factual actions.

Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government

Indonesia is a country with a state of law status, in which the government in this case in carrying out all the interests of the state must be based on law and general principles of good governance. The government as a legal subject that plays a very important role in the survival of the people, in carrying out its duties to serve the community, it is not uncommon for governments to issue State Administrative Decrees (KTUN) which are intended for legal certainty. With the government issuing this, of course, it will not always be in accordance with existing regulations. Sometimes, decisions issued by the government actually have a detrimental impact on ordinary people. Then, Law No. 5 of 1986 concerning Administrative Court, regulates the provisions and procedures for the community to sue the government and ask to cancel the decision made by the government through the TUN Court. Then in 2014 appeared Law Number 30 of 2014 concerning Government Administration. The UUAP replaces the provisions contained in the Administrative Law. Especially in this case that attracts attention is the expansion of the object of dispute. The object of the State Administration Dispute in this Law differs in its elements from the Administrative Law. One of them is a written provision that contains factual actions. There is no explanation regarding the meaning of factual actions in acting.

Factual Actions on DKPP Ethical Decision Results as Objects of Examination by The State Administrative Court

The Election Organizer Ethics (DKPP)’s Decision in adjudicating Election administrator ethical disputes is final and binding. This raises a problem, that is, if the DKPP decides an ethical dispute deviates from legal provisions, then there is no way to test it. Thus, the author intends to analyze comprehensively regarding, First, the final and binding nature of the results of the election administrator ethics trial from the perspective of state administrative law. Second, determine the exact form of DKPP authority as the object of testing the authority of the State Administrative Court. This paper uses normative legal research methods and regulatory approaches. There are two conclusions. First, the DKPP decision, which has an ethical dimension, is only binding on the enforcement of the code of ethics, while the implementation of DKPP authority is non-binding and becomes the object of the Administrative Court. Second, in testing DKPP authority at the State Administrative Court, the touchstone used is the conformity of the ethics trial procedure by DKPP, without including the DKPP Ethics Decision as the object of the lawsuit. This is in accordance with the current government administration legal regime which includes Factual Actions including the exercise of DKPP authority.

Jurisprudence of the State Administrative Court in the Development of State Administrative Law

The State Administrative Court is a judicial body that has absolute authority to examine and resolve disputes in the field of state administration. The development of the jurisprudence of the State Administrative Court (Peratun) is indispensable for the development of state administrative law. The issues studied are the role of jurisprudence in the field of state administrative law and the role of the State Administrative Court in providing access to justice. The method used in this study is library research, namely research whose object of study uses library data in the form of books as a data source. The Supreme Court has made efforts to strengthen jurisprudence so that it can support the development of administrative law. The judge's decision is needed as a source of law. This is because it stems from dynamic legal dispute resolution. Then, jurisprudence can bring social change to society. The judge's decision-making process is also faster than the law-making process. The absolute competence of the wider State Administrative Court can provide easy access to justice where the public can submit complaints about factual actions of the Government in the field of public law. Jurisprudence as a source of law is needed to develop state administrative law by taking into account the development of society, social conditions, legal and political conditions. Jurisprudence produces general principles of good governance so that they can be used to administer government wisely

Competences of the minister in charge of health related to the organisation of the provision of health services assisting procreation

The purpose of the publication is to answer the question whether, on the basis of the Act on Infertility Treatment, the minister in charge of health, as the central authority of government administration with the most extensive competences in the field of health, mainly realises, as assumed in the literature, normative competences, or whether he also undertakes other types of activities within the scope of the tasks set out by this Act. Its realisation, therefore, required an analysis of the competences of the minister in charge of health related to the organisation of the provision of health services in the field of medically assisted procreation, as defined by the aforementioned Act. This analysis was carried out using the dogmatic-legal method supported by scientific views. The analysis made it possible to establish, that this minister exercises two basic groups of competences: normative and competences to apply the law, which include the competences to: control, supervision, issue administrative decisions, as well as the competences to perform factual actions, including material-technical ones, and social organizational actions. Thus, a conclusion can be drawn that it has been equipped with a whole range of forms of activity that allow the realisation of the values assumed by the legislator, among which the type of activity such as issuing normative acts taking the form of universally binding regulations plays an important role.

Decision Concepts State Administration Post Entry into Law Number 30 Of 2014 Concerning Government Administration

After the enactment of Law no. 30 of 2014 Concerning Government Administration, the Concept of State Administrative Decisions has experienced a shift in meaning as intended in Article 1 Paragraph (3) Law no. 5 of 1986 concerning the State Administrative Court was later amended in Law no. 9 of 2004 concerning Amendments to Law no. 5 of 1965 concerning the State Administrative Court and amended for the second time in Law no. 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court. The research method used is normative research or library research. From the results of this study, in general there are two concepts of state administrative decisions, namely: (1). State Administrative Decision in writing, and (2). Unwritten State Administrative Decisions, among others: (1). Government Administration Actions or Factual Actions and (2). State Administrative Decisions in the form of speech.

Universal basic income as a regulator of increasing the standard and quality of life of citizens and society sustainability: problems and possible ways of their solution. discussion at the Russian-German international conference. Moscow. May 20, 2021

This paper examines international discourse borders regarding theoretical and practical problems of Universal basic income concept through the prism of the scientific discussion which took place in May 2021 at the International Scientific Russian-German Conference «Universal basic income as a regulatory measure for improvement of citizens’ standard and quality of life improvement and social sustainability: problems and possible solutions». The authors presented the digests of the speakers' speeches, which formed the scientific basis of the article devoted to the conceptualization of the phenomenon of universal basic income (UBI), scientific, political, and state aspects of the discourse on the implementation of UBI, the problems of introduction of UBI in transitional forms, the practice of the experimental introduction of UBI, modeling the consequences of the introduction of UBI, the impact of UBI on various aspects of life, etc. The materials of the above-mentioned Conference depict the main problematic edges of UBI concept exploration as well as implementation issues and allow to determine directions of further appliances. The most important ones are – search for country-specific transitional forms of UBI and instruments for its experimental approbation in order to improve quality of life and social sustainability of the society. The discussion at the Conference about the UBI concept is commented in the paper in the context of factual actions of Russian and German officials, ideas and suggestions of the international scientific community, and the need for a transition towards greater and complex UBI piloting, considering aspects examined in detail at the International BIEN Congress (August 2021), Glasgow, Scotland

Признание как юридический факт в гражданском праве

Introduction: the concept of recognition in civil studies is most often identified with one of the methods of protecting civil rights, which is specified among others in Article 12 of the Civil Code of the Russian Federation. At the same time, the protection of civil rights under the norms of Chapter 2 of Part 1of the Civil Code of the Russian Federation does not imply such purely factual actions that would not create legal consequences, which would contradict the very existence of their legislative consolidation. The purpose of the study is to reveal the concept and legal consequences of recognition as a legal fact in civil law. Tasks: to correlate recognition as a method of protection and as a legal fact; to determine the types, conditions, and subjects of recognition; to reveal the mechanism of connection between recognition and its legal consequences. Methods: system, logic, analysis, synthesis, comparison. Results: recognition as a legal fact in civil law can be defined as follows: it is a public-legal decision of a body with authority on the existence of a legally significant circumstance, either that took place in the past, or that arises as a result of this decision. Recognition is not a legal requirement, since it does not in itself oblige the subjects of legal relations to perform or not perform any actions. Conclusions: the mechanism of connection of recognition with its legal consequences is characterized by the fact that it most often acts as an element of a complex set of facts. Recognition is nothing more than the addition of an imperious authority to the already existing conditions for the emergence, modification or termination of legal relations in order to eliminate the uncertainty associated with them.

Resolution of Disputes Regarding Unlawful Acts by the Government in the Administrative Justice System in Indonesia

This study aims to analyze the expansion of the absolute competence of Administrative Courts to examine factual actions and/or illegal acts by the government. This paper is a doctrinal legal research using statute and conceptual approach. The result of this study argued that the expansion posed a legal problem since the absolute authority is determined by law. In this case, it is transferred through a Supreme Court Regulation without changing the law. The other problem was also found in the legal basis for judicial review and limited compensation. Ideally, it should be preceded by amending the law, broadening the legal basis for review, and providing fair compensation.
 
 Received: 27 July 2021 / Accepted: 27 September 2021 / Published: 5 November 2021

Analysis of Refusal of Inpatients by Government Hospitals Causing State Administrative Disputes

This research is based on the fact that in the community shows that there are still many hospitals that haven’tprovided health services to society without the element of discrimination, many mass media are preachingrejection of the patient until so that causes death. Rejection of patients in government hospitals in the formof direct action falls into the category of state administrative disputes if it is article 87 of Law number 30of 2014 concerning government administration point, which is a written determination that is also a factualaction of a government hospital. The methodology in this study uses normative juridical types as well asusing statute, conceptual, and case approach. On this research, using primary legal materials in the form ofthe Constitution, AP Law and PTUN Law.This research relates to the involvement of state administrationofficials if there is any refusal of patients at government hospitals and authority and the act of grantingdecisions without authority (Factual Actions) reviewed from the AP Law that causes material and immateriallosses towards the community. Administrative sanctions on government officials who perform factual actsthat article 81 of the AP Law, namely light, moderate, and severe administrative sanctions.

The contract of the management of apartment building as a legal fact and a binding legal relationship

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

Establishment of Paternal Affiliation of Illegitimate Child through Facts or Factual Actions: Comparative Observations between the Main Legislation in Comparative Laws and the Nurture Provision under Art. 1065 para. 1 pt. 2 of the Civil Code of Taiwan

Establishment of Paternal Affiliation of Illegitimate Child through Facts or Factual Actions: Comparative Observations between the Main Legislation in Comparative Laws and the Nurture Provision under Art. 1065 para. 1 pt. 2 of the Civil Code of Taiwan