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Problematika Penerapan Pasal 116 UU Peratun Terhadap Pelaksanaan Putusan PTUN Habibi, Dani; Nuryani, Winda
TIN: Terapan Informatika Nusantara Vol 1 No 5 (2020): Oktober 2020
Publisher : Forum Kerjasama Pendidikan Tinggi (FKPT)

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Abstract

The State Administrative Court is one of the courts in Indonesia, which one of the tasks is to resolve cases in the field of state administration. The results of each deliberate settlement in court give rise to something that is mutually agreed upon by the judges, namely the so-called Court Decision. In contrast to court decisions from other courts such as the General Courts, Military Courts and Religious Courts, the State Administrative Court still has shortcomings in the process of implementing court decisions. This is because what is disputed is that it relates to decisions issued by state administrative officials, which in this case in Indonesia does not yet have an excess system of institutions which forces state administrative officials to re-make state administrative decisions in accordance with the provisions in court decisions. This study uses Normative Law research with a statutory approach. The results of this research are to describe the first, regarding the formulation of Article 116 which is contained in the Law on Administrative Courts, Second regarding the Problems with the Application of Article 116 of the Law on State Administrative Courts related to the implementation of court decisions
PERBANDINGAN HUKUM PERADILAN TATA USAHA NEGARA DAN VERWALTUNGSGERICHT SEBAGAI BENTUK PERLINDUNGAN HUKUM KEPADA RAKYAT HABIBI, DANI
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Legal issues that will be discussed in this paper regarding the description of the Administrative Court system in Germany and the Administrative Court system in Indonesia. Generally, there are similarities between the Administrative Court system in Germany and the Administrative Court system in Indonesia. The system can be seen from the level of the justice system starting from the first level, the level of appeal and the final level or cassation. In addition, it will be reviewed in relation to the judicial process, the basics of the lawsuit filed against the government and the way in which the state administrative court processes are carried out in each country. The research method is normative legal research with the approach of legislation and legal comparison.
PERLUASAN KEWENANGAN BPK DALAM MENGAWASI KEUANGAN NEGARA DI LINGKUP PEMERINTAHAN DAERAH Habibi, Dani; Hermawan, Ian Aji
Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i2.3512

Abstract

State budget management is tightly related to how the existing state law regulates fiscal relationship between the central government and the regional-local governments.  The authority granted to regional-local government to manage their own budgeting more or less autonomously in practice results in mismanagement, misuse of available financial resources and even corruption.  Unfettered and unchecked financial leakage at the regional government level may and have resulted in failure to realize and implement projects much needed by society.  In light of this situation, a justified need arise for state intervention to monitor-control planning and realization of regional-local government budget. The author proposed the expansion of the Audit Board of the Republic Indonesia’s authority. They should not passively wait for financial reports to be submitted but actively assist regional-local government in planning their own budget, monitor the spending and realization of it and lastly, provide assistance in drafting the final report. 
PERLUASAN KEWENANGAN BPK DALAM MENGAWASI KEUANGAN NEGARA DI LINGKUP PEMERINTAHAN DAERAH Habibi, Dani; Hermawan, Ian Aji
Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i2.3512

Abstract

State budget management is tightly related to how the existing state law regulates fiscal relationship between the central government and the regional-local governments.  The authority granted to regional-local government to manage their own budgeting more or less autonomously in practice results in mismanagement, misuse of available financial resources and even corruption.  Unfettered and unchecked financial leakage at the regional government level may and have resulted in failure to realize and implement projects much needed by society.  In light of this situation, a justified need arise for state intervention to monitor-control planning and realization of regional-local government budget. The author proposed the expansion of the Audit Board of the Republic Indonesia’s authority. They should not passively wait for financial reports to be submitted but actively assist regional-local government in planning their own budget, monitor the spending and realization of it and lastly, provide assistance in drafting the final report.