State Administrative Decision Research Articles

Environmental Control and Management Continuation Through the Ruling of the State Administrative Court

Changes in environmental law provisions that have the potential to cause inconsistencies in these decisions must be harmonized with the legal system. Without consistency in decisions regarding environmental public administration disputes, it will be difficult for the government to make decisions and guideline for determining policies related to environmental protection and management. The aim of this research is to determine the consistency of environmental administration dispute decisions in state administrative courts. The writing method uses a normative juridical approach with statutory regulations, the legal sources used are primary and secondary legal sources relating to state administrative law and those relating to environmental regulations, apart from that the author uses a case study approach. The results of the research show that the implementation of regulations related to state administrative decisions in the environmental sector is still inconsistent, with the government placing more emphasis on remedial (retroactive) efforts in environmental problems which are manifested in the form of government intervention to restore environmental conditions after pollution and/or damage occurs. environment. Considering that the majority of environmental law enforcement is in the field of government administration, inconsistencies in environmental state administration decisions must be resolved immediately to realize good environmental protection and management. In fact, the decision of the state administrative court judge is not only intended to resolve a dispute but will also serve as a guideline for government agencies/officials in realizing sustainable environmental protection and management.

Implementation of the Principle of “Lex Specialis Derogate Legi Generalis” in Regulations on Administrative Measures of State Administrative Disputes (State Administrative Decision Case Study Number: 23/G/KI/2022/PTUN.SMG)

Application of adminitrative effort after the 2014 law no. 30 years of government administration is followed by regulatory administration The state enterprises governing administrative efforts make a concerted effort to implement the administrative effort itself. This research is meant to know Implementation of a administrative effort that should fit into the rule that Apply and apply principles Lex specialists derogate generalis In the verdict Number: 23/G/KI/2022/PTUN.SMG For pursuing this administrative effort. method The study is normative jurisdiction using the associated associated associated associated with law and literature approaches. The results of the study suggest that administrative efforts are being made to settle disputes between people directly between the body and the administration. The facts on the field judge have applied Lex specialist derogate legi generalis So in the verdict number: 23/G/KI/2022/PTUN.SMG The judge dismissed any charges filed.

LAND ACQUISITION PLAN AS OBJECT OF DISPUTE IN STATE ADMINISTRATION CASE

Objective: This study aims to determine the realization of a land acquisition plan as an object of state administrative disputes. Method: The research method used is a juridical normative research method, researchers conduct research using data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Results and Conclusions: The results of the study found that the land acquisition plan in the form of determining the location of land acquisition for development for public interest as the object of state administrative disputes, is the result of state administrative decisions that are considered to have the potential to harm the rights and interests of a person or civil law entity or customary law community whose land is targeted for land acquisition so that the party who feels disadvantaged file a lawsuit with the government agency or official that has issued the decision.

The Compliance of Regional Autonomy with State Administrative Court Decisions

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

Execution of State Administrative Judicial Decisions a Mirror of the Authority Court

Objective: This study aims to examine the significance and effectiveness of the execution of state administrative judicial decisions as a reflection of the authority of the court. It delves into understanding how the execution process mirrors the court's capacity to ensure compliance with its decisions within the state administrative framework. Theoretical Framework: Drawing upon legal theories of administrative law and judicial authority, this research situates itself within the context of the separation of powers doctrine and the judicial function in administrative matters. It also explores concepts of legal compliance, the role of courts in decision enforcement, and the impact of administrative judicial decisions on governance. Methodology: The study adopts a qualitative approach, utilizing case studies and legal analysis to investigate the execution process of state administrative judicial decisions. It involves in-depth examination of court rulings, judicial proceedings, and administrative actions taken post-decision. Interviews with legal experts and stakeholders involved in execution processes supplement the analysis. Results and Conclusion: The findings showcase the pivotal role of the execution process in reflecting the authority and efficacy of the court within the state administrative system. The study unveils the challenges and successes in implementing administrative judicial decisions, highlighting areas of compliance and resistance. It concludes by discussing the implications of these results for the authority of the court in the administrative context. Originality/Value: This research contributes to the understanding of the correlation between the execution of state administrative judicial decisions and the authority of the court. It fills a gap in scholarly literature by offering insights into the practical manifestations of judicial authority in administrative matters, shedding light on the complexities, challenges, and opportunities inherent in ensuring compliance with administrative court rulings.

Paradigm for the Application of the Dominus Litis Principle in the Indonesian State Administrative Court

In the case of efforts to establish a just rule of law state, judges need to actively find the material truth desired by the state administrative court and the Judicial Powers Act, including its practice in dispute resolution. Their activeness really helps people to get justice, namely following the duties of a judge. Among them are examining, deciding and resolving disputes, especially in examining State Administrative Decisions issued by State Institutions or Officials, which are contrary to applicable laws and regulations and general principles of good governance.

HOW WILL AGE INCLUSIVITY SURVIVE IN AN ERA OF ANTI-DEI INITIATIVES?

Abstract For the first time, we have five different generations in the workplace in the United States. Generational diversity in the office is a trend that is not only expected to continue, but it is expected to grow. In that same vein, as companies continue to evolve in the way they work, it will be vital for organizations to understand, embrace and establish a diversity, equity, and inclusion (DEI) strategy in an ongoing effort to help employees of all ages feel like they are respected, valued, understood and belong in their workplace. Recent state court decisions and administrative decisions by governors suggest that DEI strategy implementations may be limited in some states. This paper explores the evolution of age inclusivity as part of DEI policies and practices. Grounded in the work of the United Nations Convention on the Rights of Older Persons, advocates have expanded their work to address ageism and ableism and ensure that society reflects persons’ lives as they age. We reviewed state-level court and administrative decisions regarding DEI initiatives across the US in 2021-23. While findings rarely note age, language in these decisions is written broadly so that outcome is unclear which subsequent court decisions. Our analysis concludes with “best practices” from the corporate sector and higher education, which emphasize systems where people on either end of the age spectrum have a more precise connection point to the decision-makers, each other, and conversations around the age at work. These strategies offer a cautious pathway forward in the US.

Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.

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.

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

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

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.

The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia

The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.

Implementation Of The Contrarius Actus Principle In Revocation Of Land Certificate Without A Court

<em>Proof of ownership of land is a land certificate. Often in the issuance of land certificates, there are problems. Land certificates that have been issued usually cause problems and must be canceled. One of the causes of the revocation of land certificates is invalid data which contains administrative defects. The problem arises that often the Head of the Land Office is reluctant to cancel the land certificate and prefers the applicant for the revocation of the land certificate to file a lawsuit in court or through litigation. This was suggested by the Head of the Land Office because of his misunderstanding of the Contrarius Actus principle. The Contrarius Actus principle is a principle in administrative law where the State Administrative Officer who makes State Administrative Decisions is automatically authorized to change, replace, revoke and cancel the documents he has made. and juridical defects must be revoked by the Head of the Land Office without having to wait for a court decision if they have fulfilled the revocation requirements.</em>

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.

KEWENANGAN PENGADILAN NEGERI MEMUTUS SENGKETA ANTARA PARTAI POLITIK DAN KOMISI PEMILIHAN UMUM

The District Court is a general court institution that handles criminal and civil cases which is domiciled at the district or city level, while a state institution is a body that has the authority and duties for certain matters and is specific in nature, such as the KPU which functions as an organizer of general elections that cannot be separated from conflicts or disputes in the stages of holding elections, in this case there are issues that cause dynamics, namely the result of a lawsuit filed by the just and prosperous people's party in suing the KPU because the Prima party did not pass as a political party candidate for the 2024 election. This type of research is normative research. (legal research), namely placing law into a system of norms. This research uses a statutory approach (statute approach) and an analytical approach (analitycal approach). The authority of the district court in deciding disputes over the general election process that occurred as a result of the failure of political parties participating in the election with the KPU is beyond the competence of the general court and claims cannot be accepted. The election law regulates three matters relating to election dispute resolution: first, settlement Election process disputes are conducted through the election supervisory body (Bawaslu). Second, the settlement of election disputes is carried out by legal means through the State Administrative Court (PTUN) because every decision issued by the KPU is a State Administrative decision. Third, the settlement of disputes over the results of general elections is carried out through the Constitutional Court as regulated by the 1945 Constitution.

KAJIAN YURIDIS SYARAT-SYARAT PENUNDAAN PELAKSANAAN KEPUTUSAN TATA USAHA NEGARA DALAM SENGKETA TATA USAHA NEGARA

The purpose of the State Administrative Court is basically to protect the legal interests of the community from arbitrary actions or abuse of authority by the government, given the vast scope of government employment. The State Administrative Court is held to resolve disputes between the Government and its citizens, namely disputes that arise as a result of Government actions deemed to have violated the rights of its citizens. elements of the state law, so that in this study the aim is to find out in the process of delaying the implementation of State Administrative decisions in State Administrative disputes, then in research using normative legal research research methods which can be defined by a process to find a rule of law, legal principles, as well as legal doctrines to answer the legal issues at hand, the result of this research is that the conditions for requesting a postponement of the implementation of State Administrative Decisions can be seen from the provisions of article 67 of Law Number 9 of 2004 and Circular Letter of the Supreme Court No. or 2 of 1991 concerning instructions for the implementation of several provisions in Law Number 5 of 1986 concerning the transition of state administration. So that in postponing a State administrative decision it can be granted if it fulfills the following conditions: a). a request for postponement of the implementation of a State administrative decision can be filed simultaneously in a lawsuit, b) there is a very urgent situation which results in the interests of the plaintiff being greatly harmed if the state administrative decision being sued is still carried out and c). there is no public interest in the framework of development that requires the implementation of the decision.

Pemberlakuan Upaya Administrasi Sebagai Primum Remidium Dalam Penyelesaian Sengketa Tata Usaha Negara

The settlement of state administrative disputes as a result of the issuance of a state administrative decision letter is the authority of the State Administrative Court as a judicial body appointed by the Law governing the State Administrative Court. Administrative efforts are a non-litigation settlement that must be taken before state administrative disputes are submitted to the State Administrative Court. Administrative efforts are expected to be the best solution before citizens submit their problems to the Court, so as to remove the paradigm that the actions of state administrative bodies or officials are always right and cannot be corrected.

Legal Construction of Dispute Resolution Mining Land Overlapping with Plantation Land

Indonesian Agrarian Law recognizes the principle of horizontal separation which has consequences for classifying land rights. One of the granting and acquisition of land rights can be given to mining and plantation businesses. Even so, the granting of land rights to these two types of businesses still generates a lot of disputes . The dispute that occurred was overlapping in the granting of business licenses to mining businesses and/or plantation businesses, based on State Administration decisions issued by State Administration Officials that were not in accordance with statutory regulations and did not heed the General Principles of Good Governance in particular the principle of precision. The purpose of this scientific work is to provide a legal construction for resolving disputes over overlapping mining land and plantation land. The author uses a way of reviewing the applicable laws and regulations, existing theories and principles critically and systematically. The legal constructions offered are civil lawsuit to request compensation through the District Court to the State Administrative Officer who made the State Administrative Decision after the issuance of the State Administrative Court Decision which has a ruling granting the claim to cancel the State Administrative Decision which caused losses and has permanent legal force.