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All Journal JURNAL HUKUM
Jansen, Bart
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Religion Humanities Social Sciences

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The Controversy on Transfer of Absolute Competency of the State Administrative Courts in Government Administrative Law Wahyunadi, Yodi Martono; Jansen, Bart; Hadiyanto, Alwan
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.111-132

Abstract

The absolute competence of the State Administrative Court is to adjudicate objects of state administrative disputes in the form of State Administrative Decisions. This study aims to analyze the transitional provisions in government administration regulations and analyze the absolute competence of state administrative courts. This study is a normative legal study. The results of this study state that the transitional provisions in the Government Administration regulations in particular have changed the meaning of State Administrative Decisions in a veiled manner, which is contrary to the principle of forming laws and regulations. The absolute competence of the State Administrative Court has been expanded to include testing for abuse of authority, state administrative actions, and the concept of positive fictitious decisions, namely considering a request to be granted if the authorized official does not issue a decision within a certain time limit. In order to fulfill the principle of legal certainty and regulatory hierarchy, changes to State Administrative Decisions should be made through changes to the State Administrative Court Law, not through transitional provisions in the State Administrative Law.
Justice as a Meta Value of Corrective Justice in Providing Restitution for Unjust Enrichment: A Study on Rules, Norms, Principles, and Foundation Kurniawan, Faizal; Thalib, Prawitra; Subhan, M. Hadi; Jansen, Bart; Binti Abd Ghadas, Zuhairah Ariff
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.192-211

Abstract

The legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studying a particular field of law. However, in practice, most legal scholars and professors in the field of law are still unaware of such concepts that often overlap with one another. Generally, foundations are meta values from principles, principles are the meta values of norms, and norms are meta values of a rule. In comparison, values are the equivalent of principles and fundamental values. A theorem is the equivalent of a norm, which is embodied in a rule, and the rule itself is the most concrete implementation of a principle, which may be in the form of a written or unwritten rule. This paper aims to explore the relationship between justice, corrective justice, restitution, and unjust enrichment. It will discuss how fundamental values, principles, and norms serve as meta-values in achieving justice. Additionally, it will examine the role of corrective justice in providing restitution for cases of unjust enrichment.
Co-Authors Alwan Hadiyanto Binti Abd Ghadas, Zuhairah Ariff Faizal Kurniawan Prawitra Thalib Subhan, M. Hadi Yodi Martono Wahyunadi, Yodi Martono