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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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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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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

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

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.

EMPOWERING LOCAL GOVERNMENTS: REGIONAL AUTONOMY AS A CATALYST FOR GOOD GOVERNANCE IN INDONESIA Habibi, Dani
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.68-98

Regional autonomy reform in Indonesia is a key initiative aimed at enhancing governance by ensuring greater transparency, accountability, and efficiency in local government operations. By decentralizing authority, local governments gain the freedom to manage regional affairs and develop policies that are more closely aligned with their communities' needs. The ultimate goal of regional autonomy is to improve community welfare by enabling regions to design and implement targeted solutions. However, the process faces several challenges, including disparities in regional development, ineffective resource management, and insufficient coordination between the central and local governments. Addressing these issues requires a transformation in community attitudes, improved government capacity, and enhanced public participation in decision-making. The successful implementation of regional autonomy depends on effective policy reform and better management practices, alongside active involvement from the community. Local wisdom should be integrated into development strategies, ensuring that policies respect and preserve cultural diversity while promoting sustainable growth. Additionally, strengthening oversight mechanisms, improving transparency in budget management, and fostering intergovernmental cooperation are crucial for achieving equitable development outcomes. Regional autonomy reform holds significant potential for creating a more responsive government that better serves its people. However, to unlock this potential, it is essential to build the capacities of local governments, ensure effective supervision, and encourage inclusive decision-making processes. This approach will contribute to the realization of sustainable development goals, fostering a more just, accountable, and efficient governance system.

PERKEMBANGAN FIKTIF NEGATIF DAN TINDAKAN FAKTUAL BERSIFAT OMISI DI PERADILAN TATA USAHA NEGARA Putrijanti, Aju; Habibi, Dani; Lumbanraja, Anggita Doramia
Badamai Law Journal Vol 11, No 1 (2026)
Publisher : Program Magister Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/damai.v11i1.25391

This research focus on the development of fictitious negative and factual act omission after Supreme Court Regulation Number 2 of 2024 issued. The principle lex posteriori derogat legi priori was implemented against Article Number 3 of Law Number 5 of 1986 of Administrative Court. It was caused by the stipulation of Article Number 53 of Law Number 30 of 2014 of Government Administration, stated that the Administrative Court has authority to examine fictitious positive application, but then it was eliminated by Law Number 11 of 2020 of Job Creation. This elimination caused legal gap and legal uncertainty about the mechanism to get government decree and access to justice. People tried to used mechanism of factual act omission lawsuit, to get justice, because, first, there is no certain regulation which gives authority to Administrative Court to examine fictitious positive application, second, to give justice and legal certainty. The aims of this research are to get to know the development of fictitious negative and factual act omission lawsuit and the regulation refer to fictitious negative and factual act omission lawsuit as access to justice. This research used a doctrinal method and statute approach, conceptual approach and comparative approach to analysis and answer the legal problems. Research results shows fictitious negative lawsuit mechanism can be used to get access to justice, because, there is no cancellation of this regulation, and to give legal certainty and justice to whomsoever might needed. Government should make a new regulation according to Administrative Court system, which resolve the legal problems and legal certainty, and to fulfilled access to justice.

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