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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

INTERPRETING THE CONCEPT OF DOMINUS LITIS: THE ACTIVE ROLE OF JUDGES IN STATE ADMINISTRATIVE COURT Faridah, Siti; Hadiyantina, Shinta; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3358

Abstract

This article explores the interpretation and application of the concept of dominus litis—the active role of judges—in the context of the Indonesian State Administrative Court. Unlike the passive adjudicatory model commonly found in civil law systems, the principle of dominus litis in administrative adjudication positions the judge not merely as an arbiter but as a central figure in uncovering the material truth and guiding the resolution of state administrative disputes. Through normative approaches, this study analyzes the legal foundations, limitations, and judicial practices that shape the active role of judges in administrative proceedings. The research further examines how this role aligns with the principles of procedural fairness, legal certainty, and the protection of citizens’ rights against unlawful government actions. Ultimately, the article argues that the appropriate implementation of dominus litis is essential for achieving substantive justice in state administrative adjudication while ensuring that judicial activism remains within constitutional and statutory boundaries.
LOCAL TAX AND RETRIBUTION REGULATIONS AFTER PDRD LAW’S TRANSITION TO HKPD LAW Afifulloh; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1122

Abstract

As a decentralized country, Indonesia grants each area governmental autonomy. For their development, local governments generally use the increase in Local Own-source Revenue (PAD), Fiscal Balance, and Other Lawful Local Revenue (LPDS). As stated in the laws, the rise in PAD comes from local taxes and retribution, local asset management, and other lawful local revenue. In early 2022, the Government issued Law Number 1 Year 2022 regarding Financial Relations between the Central and Regional Government to replace the decade-long Law Number 28 Year 2009 regarding Local Taxes and Retribution. This transition was considered after fiscal issues found in recent years and will affect local tax and retribution regulations’ schemes, rate percentages, and types as it was anticipated.
LEGAL POLITICS CHANGING A BUILDING CONSTRUCTION PERMIT (IMB) INTO BUILDING CONSTRUCTION APPROVAL (PBG) Qurni Annamalia; Shinta Hadiyantina; Dewi Cahyandari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1376

Abstract

This research aims to analyze changes in the nomenclature of permits and approvals in simplifying licensing administration. This research also focuses on legal politics in changing the nomenclature of Building Construction Permits (IMB) to Building Construction Approvals (PBG) through the Job Creation Law. This licensing simplification effort focuses on eliminating administrative requirements and submitting technical requirements to more specific Government Regulations. In this context, it is necessary to conduct an in-depth study of the differences between Building Construction Approvals (PBG) and Building Construction Permits (IMB) from various aspects, including grammatical, philosophical, sociological and juridical, as well as their impact on the meaning of permits and approvals related to changes. in Government Regulations. As a result, the nomenclature of Building Construction Permit (IMB) was changed to Building Construction Approval (PBG). This research is normative legal research using a statutory approach. The legal politics of changing nomenclature is based on what objectives are to be achieved with the existing legal system; What method you feel is best to use to achieve this goal; When does the law need to be revised and in what way is the law changed; Can it be formulated in the form of a standard and established pattern, which can help in deciding the process of selecting goals and ways to achieve these goals well, as stated by Satjipto Raharjo? Based on the research results, the main difference between a Building Construction Permit (IMB) and a Building Construction Permit (PBG) lies in the method of use and the permit application stage before the construction process. IMB is a type of permit that must be obtained by the building owner before or during the construction process. On the other hand, PBG has a form of licensing regulation that regulates the procedures for how buildings must be erected. Keywords: Legal Politics; Building permit; Building Approval.