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Analisis Yuridis Kewenangan Absolut Pengadilan Negeri Dalam Memutus Sengketa Gugatan Perbuatan Melanggar Hukum Terhadap Lembaga Pemerintah (Studi Putusan Nomor: 771/PDT.G/2022/PN JKT.PST) Averoezy, Fauzul; Kartika, Adhitya Widya
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1501

Abstract

Jurisdiction is one of the most common defenses raised in civil disputes, as it determines whether a case falls within the jurisdiction of the court hearing it. This study is motivated by the discrepancy between legal theory and the practice of law enforcement. The methodology employed is a normative legal approach, utilizing statutory analysis, case law analysis through comparable rulings, and a conceptual analysis regarding jurisdiction, unlawful acts, lawsuits, and government agencies. This study aims to outline the elements of the case, particularly regarding the liability of government agencies for alleged PMH, and to analyze the application of positive law in Indonesia. The results of the study indicate that: (1) the government agency cannot be held liable for PMH because the elements of the alleged provision have not been met; and (2) the panel of judges at the Central Jakarta District Court should have declared that it lacked jurisdiction to hear the case, as jurisdiction lies with the Jakarta Administrative Court.
ANALISIS IMPLEMENTASI DISIPLIN PNS SEBAGAI INSTRUMEN MANAJEMEN PNS DI PTUN SURABAYA Nadia Faizah Putri Devina; Adhitya Widya Kartika
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8087

Abstract

Civil servants (PNS) are state apparatuses who play a strategic role in the implementation of public services, including supporting judicial functions at the Surabaya Administrative Court (PTUN Surabaya). In this context, the enforcement of civil servant discipline serves as a crucial instrument in realizing effective, professional, and accountable human resource management. This study aims to analyze the implementation of civil servant discipline in supporting personnel management at PTUN Surabaya, as well as to identify the supporting and inhibiting factors. This research employs an empirical juridical method with a qualitative approach, where data are collected through observation and interviews and analyzed using a descriptive-analytical framework. The findings indicate that the implementation of civil servant discipline at PTUN Surabaya has been relatively effective, as reflected in internal policies and work programs developed by the Subdivision of Personnel, Organization, and Governance. These programs include attendance monitoring, performance supervision, and the strengthening of a discipline-based work culture. However, this study also identifies several challenges in implementation, such as the lack of continuous supervision and variations in compliance levels among employees. The main contribution of this research lies in identifying an effective discipline implementation model based on internal work programs that enhance the quality of personnel management, while also emphasizing the importance of strengthening supervision and consistent capacity-building measures. Therefore, civil servant discipline functions not only as a control mechanism but also as a fundamental pillar in building professional and integrity-based personnel management within PTUN Surabaya.Keywords: Civil Service, Civil Servants, Discipline, Personnel Management, Administrative Court