Rahdian Ade Putra Bone
Universitas Gorontalo

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Judicial and Administrative Approaches to Civil Service Dispute Resolution: A Comparative Study between Indonesia, India, and Egypt Rahdian Ade Putra Bone; Chami Yassine
International Journal of Constitutional and Administrative Law Vol. 1 No. 1 (2025)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/rtmt8239

Abstract

The effectiveness of civil service dispute resolution is crucial for ensuring bureaucratic accountability, legal certainty, and procedural fairness within public administration. Countries employ different institutional frameworks, ranging from administrative adjudication through specialized tribunals to judicial oversight via administrative courts, each presenting distinct advantages and limitations. However, there remains a significant gap in comparative legal analyses examining how these models function across diverse legal traditions. This study aims to analyze and compare the effectiveness of judicial and administrative mechanisms in resolving civil service disputes in Indonesia, India, and Egypt, focusing on legal structures, procedural safeguards, and institutional independence. The research employs a comparative legal approach, integrating doctrinal legal analysis and a socio-legal perspective, with primary sources including statutory frameworks, administrative regulations, and judicial precedents. A qualitative content analysis is used to assess patterns, divergences, and best practices among the three jurisdictions. Findings indicate that Indonesia’s dual-track system (BAPEK and PTUN) lacks enforceability in administrative adjudication, leading to over-reliance on judicial review. India’s Central Administrative Tribunal (CAT) enhances efficiency and procedural accessibility but faces enforcement challenges and jurisdictional conflicts. Egypt’s State Council (Conseil d’État) provides strong judicial oversight but suffers from prolonged litigation and accessibility constraints. The study highlights the need for hybrid dispute resolution models that integrate administrative efficiency with judicial rigor. These findings provide empirical insights and policy recommendations for strengthening civil service dispute resolution mechanisms, promoting legal certainty, and enhancing bureaucratic efficiency in diverse governance systems.