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All Journal HUKUM BISNIS
PURWO ADI NUGROHO
Universitas Narotama
Law, Crime, Criminology & Criminal Justice

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TITIK SINGGUNG KOMPETENSI PERADILAN AGAMA DAN PERADILAN PERDATA DALAM PERKARA WANPRESTASI PURWO ADI NUGROHO
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The Religious Courts only have the authority to adjudicate defaults that occur in the realm of sharia economics between fellow Muslims, provided that they meet the provisions of the absolute competence of Article 49 of Law Number 3 of 2006 Concerning Amendments to Law Number 7 of 1989 Concerning Religious Courts. Conversely, the District Court is authorized to try defaults that are not related to sharia economics, in accordance with the provisions in the Civil Code. The existence of overlapping authority, such as sharia economic cases filed in the District Court, causes the court to exceed the applicable absolute competence (exceeding power), so that the lawsuit must be rejected. These findings emphasize the importance of enforcing material and territorial limits in the examination of default cases, to ensure legal certainty and prevent errors in determining the court forum. Therefore, this research aims to examine the limits of authority (absolute and relative competence) possessed by the Religious Courts and Civil Courts in receiving, examining, and deciding default cases. The approach applied is a juridical-normative approach by utilizing the study of legislation and conceptual approaches related to the theory of court competence, with the formulation of the problem of what are the limits of authority of the Religious Courts and Civil Courts in accepting, examining and adjudicating default. Keywords: Authority, Religious Courts, Civil Courts, Default
KEPASTIAN HUKUM PUTUSAN BANDING ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI TATA USAHA NEGARA Purwo Adi Nugroho; BAMBANG ARWANTO
Jurnal HUKUM BISNIS Vol 10 No 3 (2026): Volume 10 No 3 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Legal certainty is one of the main principles in the rule of law system that requires every action and decision made by government administration to be based on clear, understandable law, and provides a guarantee of protection for the rights of citizens. In resolving disputes in the field of state administrative administration, one of the procedures regulated is through administrative mechanisms in the form of filing objections and administrative appeals. This study aims to examine whether an administrative appeal decision can still be pursued further legal remedies, as well as how the principle of legal certainty is realized in the process using normative research methods with a statue approach and conceptual approach. The results of the study show that administrative appeal decisions are final in the realm of government administration, so that no objection or re-appeal is possible administratively. However, this finality does not eliminate the right of individuals to file a lawsuit with the State Administrative Court (PTUN) if they feel aggrieved. The judicial route remains open as a form of judicial oversight of administrative actions. Keywords: Legal Certainty, Administrative Appeal Decision, State Administration
Co-Authors Bambang Arwanto