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Hidayat Pratama Putra
Pengadilan Tata Usaha Negara Jayapura
Law, Crime, Criminology & Criminal Justice Social Sciences

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PENILAIAN TERHADAP BATAL ATAU TIDAK SAHNYA SUATU KEPUTUSAN DAN/ATAU TINDAKAN ADMINISTRASI PEMERINTAHAN Hidayat Pratama Putra
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.35-50

Abstract

The concept of Nullity (Nietigheid) is very important in administrative law because of the validity of a government act (bestuurshandelingen) either in the form of a decision (besluit) or in the form of an action (Feitelijk Handelingen) depends on the existence of the doctrine regarding Nullity. Since when is a decision declared invalid, and what are the legal consequences, if this is answered by the existence of this Nullity doctrine. Law No. 30 of 2014 concerning Government Administration, has more or less changed the paradigm regarding the teachings of annulment from the one held by administrative law experts in Indonesia, especially with regard to the doctrine of abuse of power, which is regulated in several articles in the Government Administration Law. In this paper, it is found that government decisions and/or actions that are canceled or declared invalid have different consequences. This paper uses a normative juridical research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literature.
TANTANGAN DALAM PENANGANAN PERKARA TINDAKAN ADMINISTRASI PEMERINTAHAN DI PERADILAN TATA USAHA NEGARA Hidayat Pratama Putra
Jurnal Hukum Peratun Vol 5 No 1 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.512022.75-94

Abstract

After the enactment of Law Number 30 of 2014 concerning government administration, there are basic things that have impacts on the authority of the administrative court, one of which is governmental real acts. This paper tries to analyze the potential problems that become challenges at the level of implementation of the settlement of cases of “government administrative actions” in the Administrative Court including misunderstanding of the concept of government administrative actions, the accountability regarding administrative tort due to government administrative actions, as well as compensation mechanisms for losses caused by it. Problems were analyzed based on normative legal research methods which were analyzed descriptively. The main challenge in the examination of government administrative actions is that there are many misperceptions about the concept of government administrative actions. Government administration actions are basically real act (Feitelijke handeling) and cannot be interpreted as government actions in a broad sense or known as bestuurshandelingen. Then the concept of accountability for administrative tort in the form of government administrative actions and compensation mechanisms for losses needs to be clarified through laws and regulations because currently there is no standard benchmark regarding the concept of accountability for an administrative tort in the form of government administrative actions, and its compensation mechanisms adequate to the damages for the losses.
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