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Authority, Subject and Object of the Dispute At the State Administrative Court (PTUN) Sri Wahyuni; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 1 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i1.8

Abstract

The State Administrative Court is established to anticipate the abuse of authority by the ruler and face conflicts of interest, disputes or disputes that may occur at any time between the community and state administrative agencies or officials. Therefore, this research is conducted to describe the authority, subject and object of dispute in the State Administrative Court using a library research or literature approach. Meanwhile, the approach method used is the normative juridical approach method or doctrinal legal research, which is a legal research whose data source comes from secondary data in the form of laws and regulations, books, and journals related to the focus of the problem. After discussing the existing problems, it can be concluded that  the competence of the State Administrative  Court includes absolute competence, namely the authority to adjudicate based on the object, material or subject matter of the dispute  and the relative competence, namely the authority to adjudicate based on the region or jurisdiction. The object   of disputes in the TUN Court is the TUN Decision except for TUN disputes within the TNI and other TUN disputes which according to the TUN Judicial Law are not the authority of the TUN Court where the exceptions are divided into 3 kinds of restrictions. i.e. direct, indirect and direct restrictions are temporary. Meanwhile, the ubjek of disputes in the TUN Court is a person or civil legal entity and a body or official  of TUN.
Jurisprudence of the State Administrative Court in the Development of State Administrative Law Syawaludin; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 1 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i1.18

Abstract

The State Administrative Court is a judicial body that has absolute authority to examine and resolve disputes in the field of state administration. The development of the jurisprudence of the State Administrative Court (Peratun) is indispensable for the development of state administrative law. The issues studied are the role of jurisprudence in the field of state administrative law and the role of the State Administrative Court in providing access to justice. The method used in this study is library research, namely research whose object of study uses library data in the form of books as a data source. The Supreme Court has made efforts to strengthen jurisprudence so that it can support the development of administrative law. The judge's decision is needed as a source of law. This is because it stems from dynamic legal dispute resolution. Then, jurisprudence can bring social change to society. The judge's decision-making process is also faster than the law-making process. The absolute competence of the wider State Administrative Court can provide easy access to justice where the public can submit complaints about factual actions of the Government in the field of public law. Jurisprudence as a source of law is needed to develop state administrative law by taking into account the development of society, social conditions, legal and political conditions. Jurisprudence produces general principles of good governance so that they can be used to administer government wisely
Application of Administrative Sanctions in Decisions on State Administrative Cases at the State Administrative Court Terbit Fajar; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i4.24

Abstract

In carrying out its duties and authority, it is felt that the State Administrative Court (PTUN) in Indonesia has not met the expectations of the people seeking justice. This journal discusses the application of administrative sanctions, the obstacles they face and the concept of effective application of administrative sanctions in TUN case decisions at the Semarang PTUN. The research method is socio legal. The results of the research are first, the application of administrative sanctions in TUN case decisions at the Semarang PTUN is not optimal. Second, the obstacles are low awareness of TUN Officials, lack of active participation from the Defendant and lack of supervision, there are no regulations regarding a special budget. Third, the concept of effective implementation is that there is a legal basis for the PTUN to include administrative sanctions in its decision, revise the provisions of the relevant articles, there needs to be a clear commitment from the TUN Agency or Officials and their superiors, the need for supervision.
The Role Of The Constitutional Court In Realizing A Democratic Law State Through State Administration In Indonesia Diantika Chayani; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i3.47

Abstract

The Constitutional Court was formed to guarantee the constitution as the highest law so that it can be upheld. The position of the Constitutional Court in the Indonesian constitutional system is as a state institution that carries out a judicial function in the competence of the object of constitutional cases. The existence of the Constitutional Court as guardian of the existing constitution in Indonesia is to strengthen the foundations of constitutionalism in the 1945 constitution with the aim of upholding law and justice. The main authority of the Constitutional Court is to review laws against the 1945 Constitution which is commonly known as judicial review. Another authority of the Constitutional Court, as an effort to structuring the relationship between state institutions and democratic institutions based on the principle of the rule of law. The Constitutional Court is also the interpreter of the constitution which is final and has a function as guardian of the constitution. So the decisions of the Constitutional Court as one of the higher institutions in Indonesia must consider democratic values and the constitutional rights of citizens or human rights (HAM) with the aim of upholding a fair law for all people.
Regarding Decisions and Legal Efforts at the State Administrative Court Masrufah; Arif Wibowo
JUSTICES: Journal of Law Vol. 4 No. 1 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i1.41

Abstract

Indonesia as a rule of law requires all actions or deeds of the authorities, therefore Indonesia has an independent judiciary in administering judicial power to uphold the law. In Indonesia, the State Administrative Court was formed with the aim of realizing the nation's and state's life order which guarantees the equality of citizens in the law. The research method used at this writing is to use normative legal research methods. where normative legal research here can be interpreted as research aimed at examining the quality of the legal norms themselves. In the state administrative court, of course, there are matters regarding decisions and legal remedies. Therefore it can be defined that a decision according to the legal dictionary is the result of examining a case. Meanwhile, the implementation of decisions in law is a determinant of the success of the judicial control system on government attitudes and actions in the system of public protection against government actions. In addition to the existence of a decision, it is also accompanied by legal remedies where legal remedies are the right of the defeated party not to accept the court's decision, in the form of resistance or appeal or cassation or the right to submit a request for review in the case of demanding the method stipulated in the law.
Principles and Legal Basis for Constitutional Court Procedure Ifansyah Rizki, Ifansyah Rizki; Arif Wibowo
JUSTICES: Journal of Law Vol. 4 No. 2 (2025): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v4i2.66

Abstract

Principles and legal basis are the most important components of law to be used as benchmarks for judges and other judicial institutions when handling a case in court. Just like other procedural law, the procedural law of the constitutional court also has principles and also a legal basis which is used as a reference when proceeding at trial in handling a case. These principles and legal bases must always be upheld by the judge so that the decisions issued are not wrong or correct so as to avoid decisions that deviate from the provisions of the procedural law of the constitutional court. With the principle and legal basis for the procedural law of the constitutional court, it aims to become a guideline or benchmark or principle that must be applied and become the supremacy of the constitution and become a protection for people who have constitutional rights. If these principles are carried out as well as possible by the judge and his staff, then justice and constitutional rights will work properly.
TES KEBUGARAN JASMANI SISWA PUTRA USIA 10-12 TAHUN DI SD NEGERI LOROG 02 TAWANGSARI SUKOHARJO Arif Wibowo; Pungki Indarto; Nurhidayat Nurhidayat
Indonesian Journal of Sport Science and Technology (IJST) Vol. 2 No. 2 (2023): Indonesian Journal of Sport Science and Technology (IJST)
Publisher : Universitas PGRI Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/ijst.v2i2.5583

Abstract

Berdasarkan dari hasil penelitian menggunakan Tes Kebugaran Pelajar Nusantara (TKPN) dan tingkat kebugaran jasmani siswa putra umur 10-12 tahun di SD Negeri Lorog 02 Kecamatan Tawangsari Kabupaten Sukoharjo bahwa hasil dari test IMT 22 siswa menunjukan frekuensi status status gizi kurang dengan 1 siswa dengan presentase sebesar 5%, kategori terbanyak pada kategori gizi baik berjumlah 14 siswa dengan presentase sebesar 64%, gizi lebih berjumlah 5 siswa dengan presentase 23%, Sedangkan obesitas berjumlah 2 siswa dengan presentase sebesar 9%. Dari hasil tersebut angka yang paling tinggi adalah kategori Gizi Baik sebanyak 14 anak dengan persentase sebesar 64%.Hasil dari Test V-Sit and Reach didapatkan hasil yang tertinggi yaitu pada kategori baik sekali terdapat 16 siswa dengan persentase 73%. Hasil ini berbanding terbalik dengan test Sit-up dimana kategori yang paling tinggi adalah Rendah dengan jumlah anak 10 dan persentase sebesar 45%. Pada hasil Test Squat Trust, kategori baik dan baik sekali memiliki persentase yang sama yaitu 45% dengan masing-masing jumlah siswa sebanyak 10. Berbeda dengan hasil dari PACER Test, justru kategori tertinggi yaitu sangat rendah dengan persentase sebesar 77% dan jumlah siswa sebanyak 17. Berdasarkan data hasil 4 item Tes Kebugaran Pelajar Nusantara (TKPN) menunjukan bahwa hasil nilai proporsi dari perhitungan menunjukkan nilai 2,4 dimana nilai tersebut termasuk dalam kategori cukup.