State Administrative Court Research Articles

Pengaturan Penjatuhan Sanksi terhadap Pelanggaran Berat yang Dilakukan oleh Notaris dalam Perspektif Peraturan Perundang-Undangan

Sanction about violations that commited by Notary are regulated in Notary position regulation and ethics code of Notary. But, there is no further explanation regarding the form of violations such as what can be said as a minor violation to a serious violation in the imposition of a Notary sanction cause the ambiguity of norms in Article 9 paragraph (1) letter d regarding Notary violations and Article 12 letter d regarding gross violations by Notary. The purpose of this study is to find out and analyze the arrangements of sanctions imposition for gross violations committed by Notary and Notary legal efforts that are sanctioned for gross violations in the perspective of laws and regulations by using the type of normative juridical law research. To determine the types of violations or classification of notary violations, based on the review and policy of the Notary Supervisory Assembly as an authorized official with reference to applicable laws and regulations because there is no further explanation of the classification of notary violations. If the Notary feels the objection to being sanctioned for gross violations, then the Notary can file a legal effort that is to file a lawsuit with the State Administrative Court.

PEMERIKSAAN SENGKETA TINDAKAN PEMERINTAHAN PASCA PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019

Examination of cases of unlawful acts by the government (onrechtmatige overheidsdaad) prior to the enactment of Law Number 30 of 2014 in conjunction with Supreme Court Regulation Number 2 of 2019 was carried out by the General Court. After the enactment of the Supreme Court Regulation Number 2 of 2019, the examination of the onrechtmatige overheidsdaad case was transferred to the TUN Court as a Government Action dispute. As a relatively new procedural law in the State Administrative Court, it is necessary to conduct legal research. This normative legal research found that the Government Action dispute is a public dispute whose examination must use the procedural law of the State Administrative Court, no longer using Article 1365 of the Civil Code. The object of the dispute is Government Action, either in the form of acts of action or non-action, carried out by government agencies and/or officials that cause harm to community members. This study resulted in suggestions for socialization and legal enforcement of the examination of disputes over Government Actions in order to realize legal and justice systems.

Mekanisme Penyelesaian Sengketa Pemilihan Umum di Indonesia

This study describes the resolution of general election disputes in Indonesia. Elections should be a democratic party filled with enjoy, starting from preparation, and implementation to receiving election results through a process with integrity. However, the opposite is possible, so it is necessary to explain the mechanism for resolving general election disputes. This paper uses a library research method and is a normative juridical legal research with secondary data such as books, journals, and other documents used as the main data using a statute approach. From the research conducted, it is concluded that: First, the general election is a means of people's sovereignty to elect members of the People's Representative Council (DPR), members of the Regional Representatives Council (DPD), President and Vice President, and to elect members of the Regional People's Representative Council (DPRD). which is carried out directly, publicly, freely, confidentially, honestly, and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Second, the dispute resolution of the election process can be carried out through the General Elections Supervisory Agency or abbreviated as Bawaslu, and through the State Administrative Court. However, disputes over election results can only be resolved through the Constitutional Court. Third, the resolution of process disputes and outcome disputes can be followed by mediation and adjudication procedures.

Resolution of the Dual Certificate Issue in Makassar City through the State Administrative Court to Realize Legal Certainty (Case Study Decision No. 31 PK/TUN/2018)

The purpose of this study is to analyze the problem of dual certificates in the city of Makassar through the State Administrative Court to realize legal certainty. The research method used is normative juridical research, namely research on the application of law in society. The research was carried out in a juridical manner, meaning research that refers to existing literature studies or to secondary and normative data. The data obtained by the author from this literature review will be analyzed descriptively. Based on these considerations, in the opinion of the Supreme Court, there are sufficient reasons to grant the Cassation Petitioner from the Head of the Makassar City Land Office. Based on this, the Decision of the Makassar State Administrative High Court Number 93/B/2016/PT.TUN.MKS, dated 27 September 2016 which affirms the Makassar State Administrative Court Decision Number 68/G/2015/P.TUN.Mks. April 25, 2016 cannot be maintained and must be cancelled.

Legal Reconstruction of State Administrative Court Decisions Execution Based on the Value of Pancasila Justice

This article discusses the factors that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently; and how to reconstruct the execution regulations of the PTUN decisions based on the values of Pancasila justice In a study using the constructivism paradigm and the method of the socio-legal research approach. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials related to the analysis of qualitative descriptive data. The results of the discussion show that the weaknesses that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently include 4 things, namely: (1) low compliance and legal awareness of the State Administration Agency or Official; (2) low legal compliance and awareness of the community; (3) the existence of the interests of state administration officials; and (4) there is an error in vision in the use of the authority of his position. Then, the Reconstruction of this regulation is as follows: paragraph (3) regarding the grace period for submitting an application for execution; Paragraph (4) regarding forced efforts, administrative sanctions are emphasized in the form of disciplinary action on dismissal from office; the addition of paragraph (5), regarding the synergy of the implementation of the decision; the addition of paragraph (6) regarding the contempt of court for officials and related parties who do not comply with the decision; paragraph (7) changes regarding hierarchical execution, to execution carried out by an executing agency; paragraph (7) is old, deleted because it is no longer using forced money, and administrative sanctions have been regulated in paragraph (4).

PEMBENTUKAN APARATUR YANG BERSIH DAN BERWIBAWA DENGAN PEMBERIAN SANKSI ADMINISTRASI DISIPLIN TERHADAP PEGAWAI NEGERI SIPIL

One indication of the low quality of Civil Servants is the existence of disciplinary violations that are mostly carried out by Civil Servants. The development that is being actively carried out in Indonesia often encounters many obstacles and quite complex problems. The problem in this research is the formation of a clean and authoritative apparatus by giving disciplinary administrative sanctions to Civil Servants and the impact of giving administrative sanctions to the discipline of Civil Servants. The approach method that will be used in this research is a normative legal research approach. Normative legal research is an approach method used to determine the legal norms contained in statutory regulations. The results of this study are ASN who are aware of their responsibilities are those who obey their obligations and stay away from all prohibitions in their responsibilities as ASN to fulfill good ASN character. With the aim of educating and fostering the state civil apparatus, those who violate the obligations and prohibitions will be subject to disciplinary punishment. The administration of administrative sanctions against the discipline of Civil Servants at the State Administrative Court has an impact on the judges and the Civil Servants concerned and others where they do not repeat such disciplinary actions.

APPLICATION OF CITIZEN LAWSUIT ON LAWSUITS AGAINST POLICY OF THE MINISTRY OF EMPOWERMENT OF STATE APPARATUS AND BUREAUCRATIC REFORM RELATED TO CONTRACT WORKERS IN THE ADMINISTRATIVE COURT

Law No. 5 of 2014 regulates the legality of Honorary Personnel as non-ASN employees. In essence, there are provisions regarding the appointment of honorary personnel to become civil servants with conditions that must be met. Moreover, the problem continues when the number of Honorary Personnel in Government Agencies increases and disrupts the balance of the arrangement of human resources (HR) of the apparatus in each of these agencies. As a settlement effort, the PANRB Ministry issued the PANRB Ministerial Letter Number B/185/M.SM.02.03/202 which emphasized the provisions of PP. 49 of 2018. This becomes an interesting topic when it is associated with the issue of the rights of Honorary Personnel and the application of the Citizen Lawsuit lawsuit to the Administrative Court. This writing uses a normative research method with a literature study which is then analyzed qualitatively and conclusions are drawn using the inductive method. The conclusion that was found was that the Honorary Personnel had the right to file a lawsuit with the Administrative Court because the object of the disputed letter included the State Administrative Court. However, Citizen Lawsuit is not optimal enough as a scheme for filing a lawsuit and it is better to use ordinary legal practices.
 Keywords : citizen lawsuit, state administrative courts, honorary staff

ISCOURSE ON GRANTING FIAT EXECUTION AUTHORITY TO THE ADMINISTRATIVE COURT ON THE RESULTS OF THE

The existence of institutions outside the state administrative courts that have the authority to resolve government administrative disputes has in recent years caused several problems. Among them are regarding the implementation or execution of the results of dispute resolution which mechanism is not clear. Finally, some parties tried to evade law (Fraude la lois) on the process of implementing the results of the settlement of administrative disputes outside the court, for example by filing a lawsuit regarding government's real act in the administrative court, when in fact the object of the dispute was not a real act. This kind of legal evading practice, if left unchecked, can disrupt the legal system of administration, including the procedural law of the administrative court, so it must be accommodated in formal administrative law (procedural law) appropriately. Because in fact, if it is not properly regulated in formal law, this will become a continuous polemic. One of the solutions offered in this paper is to add the authority of the administrative court as the giver of fiat execution for the implementation of the results of the settlement of administrative disputes that have been settled out of court based on statutory regulations. Among them are the fiat execution of the results of administrative proceedings, the implementation of the Ombudsman's recommendations and the implementation of the Ombudsman's decision.

SHORSING OF STATE ADMINISTRATIVE DECISION ON DECISION NUMBER 74/G/2014/PTUN-BDG

The Procedural Law of the State Administrative Court is a pure law which means that there is no obstacle in implementing the State Administrative Decision (KTUN) if the KTUN is sued. However, the Plaintiff can apply to postpone the disputed KTUN as compensation during the examination. The research method of this journal is normative juridical and qualitative descriptive with analytical theory. Since the issuance of the Judicial Administration Law, there have been several developments in delaying the implementation of a decision, especially in its mechanism. There are several factors that become the basis for the judge's consideration in granting a request for a postponement of the implementation of a decision, this is regulated in Article 67 of Law Number 5 of 1986, one of which is the very urgent interest of the Plaintiff. This is because the Plaintiff will suffer huge losses if the decision being sued is issued.

ABSOLUTE COMPETENCE OF ADMINISTRATIVE COURT REGARDING DISPUTES ON LAND RIGHTS CERTIFICATE

The purpose of this article is to knowing how the absolute competence of the State Administrative Court in Indonesia is and how the competence of the State Administrative Court is if there is a land dispute over land rights certificates. This article was compiled using 2 (two) types of approaches, namely the normative approach and the historical approach where this article is a normative research article. Based on the results of the discussion analysis, the absolute competence of the State Administrative Court is the authority to examine, decide, and resolve state administrative disputes where there are existing restrictions.

Online Single Submission Risk Based Approach: Conflict of Authority Between Central and Local Government

After the enactment of Law 11 of 2020 on Job Creation all licenses are only through one portal, namely through the Online Single Submission Risk, meaning that the regulation also implements an effort in the process of simplifying business licensing from initially license-based (license approach) to risk-based and business scale (risk-based approach). Therefore, the purpose of this study is to analyze the licensing simplification strategy through legal instruments, analyze and explain whether or not there is a conflict of interest between the central and regional governments regarding the authority to implement the risk-based online single submission system licensing. The type of research used in is normative juridical legal research. The nature of this research is descriptive. The approaches used in this research are statute approach, comparative approach. The data used consists of secondary data collected using library research techniques. Furthermore, all data were analyzed using qualitative data analysis methods. Based on the results of the research, the implementation of Risk-Based Online Single Submission licensing still has the uncertainty of the regulations governing it. The conflict in question is the scope of the aspects of responsibility and liability that are directly correlated with the relative competence or scope of authority of the place of trial in the state administrative court related to licensing cases as one aspect of the exercise of authority in government administration. Where it is the result of unclear authority arrangements as described in the Government Ordinance on the Risk-Based Online Single Submission system. The need for the Government to strengthen, reinforce, and reorganize the authority related to licensing through risk-based Online Single Submission, and the Government needs to put aside the sectoral ego of each inter-agency related to licensing implementation. This is done in order to realize the essence of "Single Submission" in the business licensing.

Optimizing the role of political party courts in resolving internal political party disputes

The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F. Amrulla, M.F., Lailawati, F.D., (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2). 145-153. doi:10.26905/idjch.v13i2.7962.

ANALYSIS AND EVALUATION OF LEGAL AID IN THE INDONESIAN COURT

This article examines the regulation and application of legal aid services in Indonesian Courts. Normatively, the guidelines for the provision of legal aid in court are based on the Law on Judicial Power, Law on General Courts, Law on Religious Courts and Law on State Administrative Courts, and Supreme Court Regulation Number 1 the year 2014 (Perma). On the one hand, there is incoherence in the provision where the law determines that free legal service (Posbakum) service supported any level of the court until the decision is legally binding and executable, whereas in Perma applicable for the district court. On the other hand, there is an expansion of the provision of legal aid services regulated by Perma, namely that the recipient of services is not required by the poor as stipulated by law, but also for those who cannot afford to pay for advocate services. The leniency of this requirement is to facilitate people who are not categorized as poor but cannot pay for the services of a lawyer. In addition, Perma also provides services in the form of Sessions Outside the Court Building (SLGP) to facilitate justice seekers who have limited access to transportation and accommodation for the distance from the court. So the inability of the justice-seeking community is also interpreted as the inability to access trials or litigate cases in court due to the remote location or difficulty in transportation and accommodation. There are several obstacles in providing legal aid services at the court, namely related to budget constraints, lack of socialization, and availability of facilities and infrastructure. This article contributes to the role of the Indonesian Court in providing unique access to justice.

ANALISIS TERHADAP PUTUSAN MA NO.482K/TUN/2021 TERKAIT SURAT KEPUTUSAN GUBERNUR JAWA TENGAH NO.590/20TAHUN 2021

Mining and the construction of public facilities of course require land acquisition before carrying out activities. However, conflicts of interest or legal issues are often encountered, both from the public who do not agree or there are discrepancies in the decrees issued by the government, both regional and central. Although the dispute can be resolved by filing a lawsuit in the State Administrative Court. However, there is still dissatisfaction from the aggrieved parties so that this research will assist in analyzing the Supreme Court Decision Number 482 K/TUN/2021 related to the dispute over the construction of the Bener dam in Wadas Village, Purworejo, Central Java.
 Keywords: IUP, Mining, Supreme Court Decision, Andesite

The Futuristic Concept of Abuse of Authority in Criminal Acts of Corruption

As a concept, the term "abuse of authority" is used by 2 (two) legal regimes, namely by the administrative law regime and by the criminal law regime of corruption, both legal regimes are public law. The impact of using the concept of abuse of authority by 2 (two) different legal regimes on the same concept/term in case of abuse of authority is the birth of concurrent jurisdiction between the State Administrative Court and the Corruption Court. Concurrent jurisdiction over the same material by 2 different judicial institutions. After the enactment of Law Number 30 of 2014 concerning Government Administration, especially Article 21 according to the author's observation, there have never been cases of corruption cases filed by the special Public Prosecutor concerning the indictment of Article 3 of Law 20 of 2001 concerning Amendments to Laws -Law Number 31 of 1999 concerning the Eradication of Corruption has been tested beforehand regarding whether or not there is an element of abuse of authority by the State Administrative Court. This situation shows that the application of laws and regulations is faced with two things, namely "performance" (validity) and usability (efficacy). While usability is related to whether the norm is adhered to or not.

Problematika Pendaftaran Hak Milik Atas Tanah Yang Menyebabkan Sertifikat Ganda di Kabupaten Tolitoli

The purpose of this study is to analyze the legal certainty of land rights holders when there are multiple certificates and to analyze the factors that cause double certificates of land rights by the Land Office. The research method used is empirical research method. Data collection techniques are interview and documentation techniques. The types of data sources that the author uses are primary legal materials and secondary legal materials. The purpose of the study was to determine the cause of dual certificate ownership, the stages of the lawsuit settlement process through the State Administrative Court and or the District Court, namely registration of claims, paying the down-payment of court fees, registration of cases, delegation of case files, determination of the panel of judges, determination of trial days, summons of the parties, mediation stage, lawsuit reading stage, answer stage, proof stage, conclusion stage, decision stage, and legal remedies for lawsuits as well as double certificate legal certainty

Analisis Terhadap Putusan pengadilan Tata Usaha Negara yang terkait dengan Pembatalan Penerapan Pasal 87 ayat (4) UU ASN

This article or writing aims to analyze the process of resolving employment disputes with respect to civil servants based on applicable laws and regulations and the application of the provisions of article 87 paragraph (4) of Law number 5 of 2014 concerning State Civil Apparatus by state administrative officials. regarding the dishonorable discharge of civil servants in the perspective of the State Administrative Court. In analyzing, the juridical-normative legal research method is used. The data were collected through literature study. and analyzed qualitatively. This study concludes that the Civil Service Dispute Resolution Process with respect to the dismissal of civil servants is carried out by 2 (two) employment dispute resolution routes. In the PTUN Banda Aceh No. 9/G/2018/PTUN-BNA, dated 6 August 2018, the basis for dismissal for committing a criminal act of corruption which was sentenced to imprisonment based on the District Court Decision dated 23 February 2012 for 1 (one) year in prison. The substance of the application of the article in this decision applies Article 87 paragraph (4) letter b retroactively (retroactive principle). The reason for the cancellation is Article 28I paragraph (1) of the 1945 Constitution and is contrary to the principle of legal certainty.

PENYELESAIAN SENGKETA ADMINISTRASI TERHADAP HASIL SELEKSI CALON ANGGOTA KPU/BAWASLU DI PROVINSI DAN KABUPATEN/KOTA

The General Election Commission (KPU) and the Election Supervisory Agency (Bawaslu) will select election organizers gradually in advance of the 2024 General Election and Regional Election. The time period will end in 2022 or 2023. Such circumstances will have an impact on election preparations and regional head elections. Disputes over the selection stages and results at the State Administrative Court are one of the potentials that can disrupt the selection process for organizers and affect the stages of the general election and local elections. A lawsuit that appears in the middle of the selection stage has the potential to create uncertainty about the schedule for the next selection stage. This is because the Defendant in the Administrative Court is the Selection Team, not the Chairperson of the General Election Comission (KPU)/the General Supervisory Agency (Bawaslu). Furthermore, the dispute resolution process in the Administrative Court takes a long time. The purpose of this study is to examine the administrative dispute resolution arrangement in the selection of election organizers by looking at two things: (1) the legal position of the provincial/district election organizers selection team in dispute in the Administrative Court, and (2) the effectiveness and efficiency of the State Administrative Court's adjudication of the selection results.

KEBIJAKAN REKRUTMEN HAKIM DI INDONESIA (Studi Kasus Calon Hakim Yang Tidak Lulus Pendidikan Hakim Sesuai SK Kepala BLDK Mahkamah Agung RI Nomor: 21A/BLD/SK/II/2020)

The integrity inherent in a judge is a code of ethics and an absolute thing that must be present in a judge. This can be proven by the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 2 of 2017 concerning the Procurement of Judges for Case Study Participants who do not pass the Education and Training Program for Integrated Candidates for Judges Batch III. The type of research used in this study is a survey of informants by applying a literature review approach. The results of this discussion indicate that the integrity of a judge is very important because it is closely related to how a judge can uphold justice. Apart from having a soul with integrity, a judge candidate also requires credibility and capability in carrying out his duties and functions as a judge. Therefore, participants who do not pass the education and training program for prospective judges cannot be reappointed as staff or employees in any judicial environment, be it the General Court, Religious Court, State Administrative Court, Military Court, and prospective judges must be dismissed with respect as a person. Government employees.

Signifikasi Peradilan Tata Usaha Negara Di Wilayah Provinsi Maluku Utara

The establishment of the State Administrative Court as the last court formed in accordance with the constitutional mandate contained in Article 24 of the 1945 State Constitution, was manifested into Law Number 5 of 1986 on the State Administrative Court. This study examines the significance of the State Administrative Court in North Maluku Province. This research is juridical-normative in nature and is presented in a descriptive-qualitative manner. The results of the study concluded that the existence of the State Administrative Court in the North Maluku region to response to legal disputes brought before the State Administrative Court area is increasing. The presence of the State Administrative Court is a Constitutional order.