State Administrative Court Research Articles

Analisis Yuridis Terhadap Perkara Pemberhentian Tidak Dengan Hormat Anggota Polisi (Studi Putusan Nomor: 12/G/2022/PTUN.Srg)

The State Administrative Court is a judicial institution that acts as a supervisor of government administration actions. The State Administrative Court, which is the court of first instance, has the function of examining, deciding, and resolving state administrative cases. One of the cases that falls into the realm of the State Administrative Court is the case of the Banten Regional Police Chief Decree Number: KEP/773/XI/2021 concerning the dishonorable dismissal from the Police service on behalf of Ara Syafana due to a violation of the Police professional code of ethics. This research aims to find out 1) The judge's consideration for determining decision number: 12/G/2022/PTUN.Srg with a case of dishonorable dismissal of a police officer, 2) Legal implications arising from decision number: 12/G/2022/PTUN.Srg. The use of qualitative research as a method of this research which type is normative juridical research and uses a case approach and statutory approach. In data collection techniques using literature studies with data acquisition from various related literature and regulations. The results of this study show that: 1) The entire lawsuit of the plaintiff was rejected by the Panel of Judges on the grounds that the arguments in the lawsuit filed by the plaintiff were not legally sufficient or the legal principles were incorrect and the truth of the arguments was not successfully proven by the plaintiff. 2) The legal implications arising from decision number: 12/G/2022/ PTUN.Srg have a significant impact, both for the plaintiff and for the Police institution. The decision resulted in the plaintiff losing his job as a police officer, losing his status as a police officer which could affect his legal rights and obligations. Of course, this also has an impact on the Police institution where the existence of this case can be a bad image of the police in the eyes of the public. This may affect confidence in the professionalism and integrity of the Police.

Environmental Justice at the Environmental Regulation in Indonesia and Uzbekistan

Justice theory, which emphasizes the fair and equitable allocation of risks and benefits, has significantly influenced the idea of environmental justice. Indonesia and Uzbekistan have made it mandatory for laws and regulations to implement the concept of environmental justice. Still, in practice, the rules created give birth to social-environmental conflict dimensions that are increasingly prevalent and far removed from environmental justice. This research aims to understand and analyze environmental justice regulation in Indonesia and Uzbekistan. This research uses a normative juridical approach with a literature review involving primary and secondary legal sources. The results show that the provisions of the Job Creation Bill in the forestry and environmental sectors negate access to justice via litigation at the State Administrative Court (PTUN) so that there is no public space to continue an AMDAL decision or environmental approval as part of an environmental licensing instrument in the realm of administrative law. Regulatory problems that co-occur and are followed by implementation problems at a later date relating to the legitimacy and protection of people's constitutional rights will harm the community's sense of justice. At the same time, the issue of environmental injustice in Uzbekistan arises from the ecological crisis beginning with green space, waste management, and the water crisis that has afflicted the nation, as indicated by the preceding explanation. The government must establish national policies, institutional instruments, and central and regional environmental management authorities to facilitate development with an eye toward environmental justice.

Pengadilan Tata Usaha Negara Dalam Memberikan Perlindungan Hukum Kepada Masyarakat

Indonesia is a rule of law country, which means that all government administration actions must be based on law. One of the elements of a rule of law according to Friedrich Julius Stahl is the existence of Administrative Justice (PTUN) as a means of control over government actions as well as a medium for society to seek justice if the government's actions suffer losses. The existence of the State Administrative Court is a form of legal protection for the public for all legal actions carried out by the government so that it is in line with the provisions stipulated in statutory regulations and prevents the public from being exposed to arbitrary actions carried out by the Government. The enactment of Law Number 30 of 2014 concerning Government Administration has expanded the authority of the State Administrative Court in examining administrative decisions. With this extension, it is not my decision that can be used as an object of dispute, but positive fictitious decisions can also be used as an object of dispute.

Public Understanding of The Mechanism for Administering State Administrative Courts as a Form of Legal Protection

Legal relations in social life are part of the process after the emergence of a legal action originating from the legal subject itself. Legal action is the beginning of the birth of legal relations (rechtsbetrekking), namely interactions between legal subjects that have legal relevance. One of them is the relationship between the government and citizens. The government, as an executor (public servant), obtains broad authority in carrying out government affairs (Constitutional Mandate). This authority is likely to be abused, causing harm and injustice (Power Tends Corrupt, Absolute Power Corrupts Absolutely). The State Administrative Court is present as an institution that provides legal protection to the justice-seeking public related to administrative law (Administrative Law). This court has a tiered system starting from the first level, the appeal level, and the final level or cassation. The legal issues that will be discussed in this paper concern phenomena in the administration of the State Administrative Court in Indonesia, such as the court process, the basis for a lawsuit addressed to the government, and the mechanism in the State Administrative Court.

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.

Transition Of Authority Judicial Institutions Simultaneous National Elections 2024

The decision of the Constitutional Court No. 97/PUU-XI/2013 resulted in changes in the function and authority of the judicial institution that adjudicates Pilkada. The Constitutional Court's decision then gave birth to Article 157 of Law No. 10 of 2016 Amending Law No. 8 of 2015 (Pilkada Law) which contains provisions for the establishment of a special election judicial body that will hear disputes over the results of simultaneous national elections in 2024. However, the establishment of a special election judicial body mandated by the Pilkada Law still faces juridical obstacles if it is linked to Law 48 of 2009 concerning Judicial Power, and laws governing judicial bodies under the auspices of the Supreme Court, especially the general and state administrative courts. Another juridical problem is the Constitutional Court Decision Number 85/PUU-XX/2022 which states that the phrase "until a special judicial body is established" in Article 157 paragraph (3) of the Pilkada Law does not have binding legal force. So that the Constitutional Court's decision can be interpreted as a sign of defining the Constitutional Court as a permanent judicial institution to hear disputes over Pilkada results. This research uses normative research methods as a characteristic of legal research, using statute law approaches, expert opinions. The purpose of this research is to search and find the right norms and have legal arguments in determining the right judicial institution authorized to hear disputes over the results of the 2024 simultaneous regional elections.

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

Kedudukan Hukum Tata Usaha Negara Dalam Penyelesaian Sengketa Terhadap Putusan Pemberhentian Tidak Hormat

Indonesia as a developing country is currently developing in various sectors. Globalization is a process of organizational change in relation to the functioning of capitalism, which is characterized by the emergence of market integration and transnational corporations, as well as the underdevelopment of supranational institutions. Thus, it is possible to influence the work behavior of the Indonesian people, so that if the party who feels aggrieved is not satisfied with the results of dispute resolution due to the development of globalization, an appeal is needed. . The appeal as referred to in is an administrative action based on Article 48 of Law Number 51 of 2009 concerning Amendments to Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts (PTUN). The purpose of the wording of this Article is to know the authority of the State Administrative Court in resolving state administrative disputes against dishonorable dismissal decisions and the steps that must be taken to resolve them as state administrative disputes. The research method applied is normative-law. The settlement of labor disputes is resolved by the State Administrative Court, except for labor disputes due to violations of the disciplinary code of the state civil apparatus, which are resolved by administrative complaints to the Personnel Advisory Board. ,

MASALAH EKSEKUSI PUTUSAN HAKIM PENGADILAN TATA USAHA NEGARA

Indonesia as a democracy has a constitutional system that divides power into three parts, namely the legislative, executive and judicial branches to fulfill the principle of checks and balances. The form of control possessed by the judiciary is through a judicial institution which is empowered to provide legal protection and certainty. The State Administrative Court was established as a judicial institution based on Law Number 5 of 1986 with the aim of carrying out a prosperous, safe, peaceful and orderly state life, ensuring the position of citizens before the law and being able to maintain harmony. Balance and Harmony between State Administration Apparatus and Citizens. This research uses normative legal research which is carried out with descriptive analysis methods and uses a qualitative approach. The implementation of judicial proceedings has systematic problems related to the implementation of judicial decisions. Regarding the decisions of the PTUN judges, the problems faced are the enforcement of executions by revoking the KTUN, enforcement problems with forced money, administrative sanctions and problems sending decisions, which are social networks. announced. Currently, the implementation of the Administrative Court judge's decision faces several obstacles, which arise because the implementation of the decision is in the hands of the TUN officials. Some of the problems that arise are not clearly regulated and have a clear legal framework.

Pendampingan Pos Bantuan Hukum (POSBAKUM) Kepada Masyarakat Kurang Mampu Dalam Konteks Equality Before The Law Di Pengadilan Agama Kabupaten Jember

The presence of the Legal Aid Post (Posbakum) is generally referred to as a major invasion, representing a development of the previous government's legal aid policies. Its existence reflects Indonesia's lawful state responsibilities. The Supreme Court (MA) established Posbakum in all courts of first instance that provide legal aid services, including General Courts, Religious Courts, and State Administrative Courts. This service activity was carried out at the Jember Religious Court with the goal of providing knowledge and understanding to the people of Jember Regency, particularly the less fortunate, so that they are more aware of the Jember Religious Court's legal aid facilities, which can assist in filing or handling cases and ensuring equality before the law.

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

Penyelesaian Sengketa Penggunaan Nama Ormas yang Sama Melalui Pendekatan Yuridis

Community organizations are a means to channel opinions and thoughts for community members, and have a very important role in increasing active community participation in order to realize a life of society, nation, and state that is relevant to a society that is, devout, intelligent, just and prosperous. In the form of today's community order that is no longer "strict" in the pattern of hierarchical relations, among others, by strengthening the autonomy of government management, strengthening community independence. In practice in the field, there is the same name of the CSO, namely (Forkabi) whose dispute is resolved by the Jakarta PTUN Number: 168 / G / 2021 / PTUN. JKT. The research method used is the normative juridical method, which is research that prioritizes literature data, namely research on secondary data. The secondary data can be primary, secondary or tertiary legal material. This research includes research on positive legal provisions in force in Indonesia relating to dispute resolution using the same community organization name. Based on the results of the study, the author concludes that the dispute resolution mechanism for using the same name of CSOs is through the Court, in this case the State Administrative Court which is authorized to resolve disputes over the use of the name of the legal entity of the association where there are similarities in essence between one association and another, to ascertain whether there are similarities in the name of one association with the name of another association. What is meant by "similarity in essence" is the similarity caused by the presence of dominant elements between one Brand and another Brand so as to give the impression of similarity, both regarding the form, way of placement, way of writing or combination between elements, as well as the similarity of speech sounds, contained in the Brand.

TINJAUAN YURIDIS MENGENAI PUTUSAN HAKIM PENGADILAN TATA USAHA NEGARA NOMOR 31/G/2011/PTUN-PBR BERDASARKAN PERSPEKTIF HUKUM KEUANGAN NEGARA

This article will discuss the results of the judge's decision at the State Administrative Court Number 31/G/2011/PTUN-Pbr based on the perspective of state financial law. Administrative Court is a judicial institution that specifically handles legal disputes and relates to Administrative Court between the government and individuals or rechtspersoon. If there is a problem related to state finances, the Administrative Court tries to ensure that the dispute is resolved when a lawsuit is brought to the Administrative Court. The aim of this research is to find out the legal provisions related to the filing of a lawsuit in a state financial case to the Administrative Court and to understand the analysis related to the decision of the PTUN judge No. 31/G/2011/PTUN-Pbr based on the perspective of state financial law. This research is a normative legal research using a case approach and statutory approach. Sources of data were obtained through document and literature studies by collecting data and research sources through articles, journals and various other documents. The results of the study show that the decision Number: 31/G/2011/PTUN-Pbr is a disputed case decision regarding the TUN decision letter, which is also related to state finances.

The Responsibility Of The National Land Agency For The Issuance Of Certificate Breakdown Whose Parent Certificate Has Not Been Split

Multiple certificates, namely a plot of land that has more than one certificate, causing legal uncertainty for holders of land rights which is highly undesirable in land registration in Indonesia. The purpose of this study, among other things, is to find out and analyze the responsibility of the National Land Agency when it was discovered that there were multiple certificates based on Decree Number: 177/Pdt.G/2022/PN Tjk. The research method uses a normative and empirical juridical approach. This case of multiple certificates can occur because the main certificate has not been mapped, so when an online check is carried out through an application it cannot be read, resulting in the re-creation of the certificate either partially or wholly on the same land by another party. If there are several certificates, the responsibility of the National Land Agency is to assist in mediation between certificate holders. If it cannot be resolved through mediation, the National Land Agency will help direct it to a settlement in the District Court or State Administrative Court because it is the State Administrative Court or District Court that can decide whether or not the certificate is cancelled.

Proses Perundingan Bipartit sebagai Syarat Mutlak dalam Pemutusan Hubungan Kerja


 
 
 
 
 
 
 
 
 
 
 
 
 The Industrial Relations Court (PHI) is a sub-system of special courts placed within the general judicial sphere. PHI with absolute competence to adjudicate labor cases or disputes that occur at the pre-judicial level enters PHI, namely at the level of the tripartite process it turns out that it can also come into contact with the authority of the state administrative court, related to aspects of actions that must be taken by the state administrative agency in this case in the form of recommendations issued by mediators from the Manpower Office, Is the State Administrative Court authorized to Order the Manpower Office as a mediator? To issue a recommendation in a termination dispute? This research is a normative juridical research, with a historical approach, comparison and emphasis of research on secondary data which includes primary legal material, secondary legal material and tertiary legal material, with documentation methods and qualitative data analysis. The results of the study that the two-party negotiation process between employers and workers is a condition taken so that it can be forwarded to tripartite mediation. If the Manpower Office is not willing to mediate due to the non-fulfillment of the requirements in the form of bipartite evidence, in the event that one of the parties sues the PTUN based on the positive fictitious referred to in Article 53 of the Government Administration Law, the PTUN still cannot grant the request to order the Manpower Office to issue a Recommendation
 
 
 
 
 
 
 
 
 
 
 
 

Settlement of Village Apparatus Selection Dispute through the State Administrative Court

In adjudicating disputes, judges at the State Administrative Court have the main duties of examining, adjudicating and resolving cases. In developments in society, the principle of active judges needs to be widely understood in order to provide justice. In this writing, the authors use normative law research methods (normative law research). After discussing the existing problems, it can be concluded that the State Administrative Court handles disputes that arise. state administration or state administration officials. Obstacles in the process of finalizing the selection through the State Administrative Court, the Plaintiff was not ready when he filed the lawsuit, Obstacles that generally occur at the Dismiss al Procedure stage of the State Administration when a summons has been made to the plaintiff and the defendant to be asked for an explanation by the chairman of the plaintiff's court is unable to attend and The regulations governing the selection of village officials are overlapping and lacking in detail. The State Administrative Dispute Settlement Process is carried out in two ways, namely through administrative efforts and through lawsuits to the State Administrative Court.

PERTANGGUNGJAWABAN HUKUM TERHADAP PENERBITAN SERTIFIKAT GANDA (STUDI DI BPN KOTA MATARAM)

The purpose of this is to find out how legal responsibility is for the issuance of multiple certificates (a study at BPN Kota Mataram). To answer the problem formulation the author uses normative legal research, with statutory approach methods (statute approach), and conceptual approach (conceptual approach) and case approach (case approach). As for the results of the study, it was concluded that legal responsibility for the issuance of multiple certificates (study at the Mataram City BPN) is to carry out non-litigation handling, namely at the Mataram City BPN Office and then can continue into the realm of litigation, namely in civil or state administrative courts, where BPN Mataram City as a party. This is done by referring to the applicable laws and regulations, namely the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Canceling State Land Rights and Management Rights or Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the Land Agency National Republic of Indonesia Number 11 of 2016 concerning Settlement of Land Cases or Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 Handling and Settlement of Land Cases. Which of the three regulations is used depends on when the land case is submitted to the land office. In cases with the decision of the Supreme Court of the Republic of Indonesia Number 45/G/2016/PTUN.MTR, accountability for multiple certificates refers to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning Settlement of Land Cases.

Juridical Analysis Of Personnel Dispute Resolution In The State Administrative Court (Analysis Of Case Decision Number 45/G/2020/Ptun-Jkt)

Juridical settlement of personnel disputes according to Law No. 5 of 2014 concerning the State Civil Apparatus is resolved through administrative remedies, consisting of administrative objections and appeals. Personnel dispute resolution is resolved through the State Administrative Court, while in Law No. 5 of 2014, personnel dispute resolution is resolved through administrative efforts consisting of administrative objections and appeals. Based on this, the legal protection provided by Law No. 5 of 2014 against the State Civil Apparatus in dispute reduces the procedural rights of the State Civil Apparatus,because it can no longer defend its rights to the judiciary. Law enforcement carried out by judges in examining and trying case No. 45/G/2020/PTUN-JKT., is in accordance with legal provisions as specified in the PTUN Law. Based on the examination before the court, it was revealed that the legal facts that the defendant had issued a decree on the object of dispute, namely the Decree of the Governor of DKI Jakarta No. 1616 of 2019 concerning the imposition of severe disciplinary punishment in the form of dishonorable dismissal of non-permanent employees on behalf of Susanto at Satpol. PP. not in accordance with the principle of presumption of innocence, the Defendant has also issued a decision on the object of dispute not in accordance with the basic regulations that authorize the Defendant so that in substance the decision of the object of dispute contains juridical reproach. One of the resolutions of disputes according to Islamic law is the courts (Al-qadha). Etymologically, Al-qadha means to decide to establish. While terminologically, Al-qadha is a judicial institution tasked with delivering binding legal decisions. The postulates about qadha' are quite numerous in QS. Al-Baqarah (2) verse 213.

Challenges of State Administrative Court Decisions Implementation: Analysis of Challenges to Execution of State Administrative Court Decisions

The problem posed in this study is what are the factors causing the obstruction of the implementation of the PTUN decision? second, what is the solution to the obstruction of the implementation of the PTUN decision? The purpose of the study is to determine the factors causing the obstruction of the implementation of the PTUN decision and the formulation of solutions for the obstruction of the implementation of the PTUN decision. This study uses doctrinal study methods. emphasizes the use of secondary data from primary legal materials, especially on regulations related to material and formal aspects of State Administrative Justice, secondary legal materials in the form of reference books and research relevant to the theme of study. Especially for reference books and research will be expanded with historical and social themes to see the social factors that influence the formation of law. Third, tertiary law materials as data discovery tools. The results of this study found that obstacles to the implementation of PTUN decisions are procedural laws that have not been able to provide guarantees about the mechanism for implementing decisions and decisions that do not consider aspects of the state administrative law ecosystem and administrative political ecosystem. In the event that there is a request to issue a decision or take action or revise the decision by issuing a new decision, an ex nunc assessment and the implementing agency of the PTUN decision are required.

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.