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Paulus Rudy Calvin Sinaga
Mahkamah Konstitusi Republik Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Other

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Membangun Paradigma Hukum HAM Indonesia Berbasis Kewajiban Asasi Manusia Paulus Rudy Calvin Sinaga; Anna Erliyana
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.452 KB) | DOI: 10.31078/jk1847

Abstract

Human rights are essential things to uphold because their existence guarantees the equality of all humanity. In Indonesia, the issue of human rights is still often a problem, and one source of the problem is the imbalance between human rights and unbalanced with human rights obligation. This research was conducted with a systematic literature review approach to propose a human rights law paradigm based on human rights obligations. From the perspective of legal analysis, the nature of this research is categorized into prescriptive research. The materials in this study were sourced from laws, books, and scientific articles from national and international journals that deal with the concept of human rights and human rights law. The results of this study indicate that the enforcement of human rights must look at fulfilling human rights obligations because, in general, a person can claim rights if they have met the requirements. By basing their rights on obligations, human rights law will improve. This article is expected to be able to be one of the references in the application of human rights law in Indonesia to build justice between human rights and obligations.
Relevansi Teori Oplossing dalam Penanganan Sengketa Terkait Keputusan Pengadaan Barang dan Jasa Pemerintah Paulus Rudy Calvin Sinaga; Anna Erliyana
Jurnal Konstitusi Vol 19, No 2 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.877 KB) | DOI: 10.31078/jk1928

Abstract

The Indonesian State Administrative Court has applied the oplossing theory, where claims related to disputes over the procurement of government goods or services are considered to be merged in the civil realm so that they are assumed to be not authorized to handle the dispute. This research is normative juridical research by comparing the practice of handling cases of government procurement of goods and services in the Indonesian State Administrative Court, the Constitutional Court, and the French Administrative Court. Research shows that there are inconsistencies in the Indonesian state administrative court regarding the interpretation of the oplossing theory after the enactment of Law Number 30 of 2014 concerning Government Administration, while in France, the plaintiff can file a lawsuit in the form of annulment of administrative decisions related to the procurement of government goods and services or a compensation claim. The implication of eliminating the oplossing theory is that a third party can file a claim for compensation against a dispute over the procurement of government goods and services in the state administrative court in accordance with the Constitutional Court Decision Number 22/PUU-XVI/2018 regarding the grace period for filing a lawsuit by a third party.
Membangun Paradigma Hukum HAM Indonesia Berbasis Kewajiban Asasi Manusia Paulus Rudy Calvin Sinaga; Anna Erliyana
Jurnal Konstitusi Vol. 18 No. 4 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.452 KB) | DOI: 10.31078/jk1847

Abstract

Human rights are essential things to uphold because their existence guarantees the equality of all humanity. In Indonesia, the issue of human rights is still often a problem, and one source of the problem is the imbalance between human rights and unbalanced with human rights obligation. This research was conducted with a systematic literature review approach to propose a human rights law paradigm based on human rights obligations. From the perspective of legal analysis, the nature of this research is categorized into prescriptive research. The materials in this study were sourced from laws, books, and scientific articles from national and international journals that deal with the concept of human rights and human rights law. The results of this study indicate that the enforcement of human rights must look at fulfilling human rights obligations because, in general, a person can claim rights if they have met the requirements. By basing their rights on obligations, human rights law will improve. This article is expected to be able to be one of the references in the application of human rights law in Indonesia to build justice between human rights and obligations.
Relevansi Teori Oplossing dalam Penanganan Sengketa Terkait Keputusan Pengadaan Barang dan Jasa Pemerintah Paulus Rudy Calvin Sinaga; Anna Erliyana
Jurnal Konstitusi Vol. 19 No. 2 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1928

Abstract

The Indonesian State Administrative Court has applied the oplossing theory, where claims related to disputes over the procurement of government goods or services are considered to be merged in the civil realm so that they are assumed to be not authorized to handle the dispute. This research is normative juridical research by comparing the practice of handling cases of government procurement of goods and services in the Indonesian State Administrative Court, the Constitutional Court, and the French Administrative Court. Research shows that there are inconsistencies in the Indonesian state administrative court regarding the interpretation of the oplossing theory after the enactment of Law Number 30 of 2014 concerning Government Administration, while in France, the plaintiff can file a lawsuit in the form of annulment of administrative decisions related to the procurement of government goods and services or a compensation claim. The implication of eliminating the oplossing theory is that a third party can file a claim for compensation against a dispute over the procurement of government goods and services in the state administrative court in accordance with the Constitutional Court Decision Number 22/PUU-XVI/2018 regarding the grace period for filing a lawsuit by a third party.
Co-Authors Anna Erliyana