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All Journal Masalah-Masalah Hukum LAW REFORM Jurnal Hukum Progresif Diponegoro Law Journal Pandecta JURNAL LITIGASI (e-Journal) Diponegoro Law Review Lex Scientia Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Agro Dedikasi Masyarakat (JADM) Yuridika Journal Of Sustainability Perspectives Jurnal Hukum dan Peradilan Journal of Sustainability Perspectives Integralistik
Yos Johan Utama
Fakultas Hukum, Universitas Diponegoro
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Juridical Interpretation of Non-Fully Executable Judgments in The Administrative Court Kusman; Hambali; Utama, Yos Johan; Alw, Lita Tyesta
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.221-250

Abstract

Judgments that cannot be fully executed are frequently encountered in civil service disputes. Rehabilitation obligations are often hindered by changes in circumstances, which have consequently given rise to the notion of compensation. Determining compensation amounts also faces challenges, particularly due to tensions between legal norms and practical realities. This study pursues two main objectives: first, to examine the criteria that characterize judgments that cannot be fully executed, and second, to describe the implementation of compensation as a substitute mechanism in such cases. The research adopts a normative legal methodology utilizing statutory and conceptual approaches. The findings lead to two primary conclusions: first, judgments that cannot be fully executed are identified in cases where rehabilitation obligations in civil service disputes face specific obstacles, including (1) the plaintiff’s legal status no longer qualifying them to return to their former position; (2) the plaintiff’s position having been filled by another person; and (3) changes in the organizational structure. Second, the implementation of compensation is based on actual losses suffered by the plaintiff resulting from a State Administrative Decision that was declared invalid by the court. The amount of compensation is determined through an agreement between the plaintiff and the defendant. If such an agreement cannot be reached, the chief judge of the administrative court is authorized to determine a fair amount of compensation in accordance with the principles of propriety and reasonableness. The study highlights the need for procedural reform to address the gap between legal provisions and their practical application in executing administrative court judgments.
URGENSI KEBIJAKAN KRIMINALISASI PENELANTARAN IZIN USAHA PERTAMBANGAN BATUBARA OLEH KORPORASI Simangunsong, Gusfen Alextron; Utama, Yos Johan; Rozah, Umi
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18666

Abstract

Development in the mining sector is an integral part of national development which aims to support industrialization programs to provide domestic raw materials and increase state revenues from foreign exchange and open up the widest possible employment opportunities in order to improve welfare. The implementation of mining business activities must begin with the ownership of a Mining Business License granted to business entities, cooperatives and individuals. The conditions that occur in reality record that there are not a few cases of illegal mining that cost the State around 38 trillion per year. It was recorded in 2021 that there were 2,741 unlicensed mining locations spread across 29 provinces in Indonesia. Of these points, there are 2,645 mineral and coal commodities and 96 coal commodity locations. Given the importance of the mining sector, the government positions the mining sector as the livelihood of many people. As mandated by the Constitution Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Law enforcement of the obligations of Coal Mining Business License holders has not been effective, seen from the five factors that have been fulfilled, namely the legal factors themselves, facility factors, law enforcement factors, legal awareness factors, and legal culture factors have not been able to be optimally implemented as they should. Criminalization of abandonment of Coal Mining Business License by corporations is very important (urgent), where administrative sanctions provided by the Government related to corporations that do not carry out the obligation to submit RKAB are...
Penguatan Perlindungan Hukum Pegawai Aparatur Sipil Negara melalui Rekonstruksi Banding Adminsitrasi Aniq, Ahmad; Yos Johan Utama; Nabitatus Sa’adah
Integralistik Vol. 37 No. 1 (2026): Januari :2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/integralistik.v37i1.35371

Abstract

Administrative appeals as an administrative effort by State Civil Apparatus (ASN) employees who are dissatisfied with the decision to dismiss employees are questioned as to their usefulness in providing legal protection to civil apparatus. This study aims to reveal the construction of an administrative appeal format for the decision to dismiss or terminate the employment of State Civil Apparatus employees that provides more legal protection for ASN employees. Administrative appeals are not merely additional formal requirements before a dispute is examined by a state administrative court but it is truly substantive in its testing and its decision is fully respected. This study is a normative-empirical study that begins with a normative analysis of primary, secondary, and tertiary legal materials based on a conceptual approach and statutory regulations. Then, It uses a sociological approach to obtain primary data through observation and data collection from informants. The desired result is to provide a prescription for the ideal formulation of legal protection for ASN employees through administrative appeals. The results of the study indicate that in order for administrative appeals to truly provide protection for ASN employees from arbitrary actions by officials, several improvements are needed, namely increasing the composition of BPASN members, examining disputes from a material perspective rather than just a formal examination, clarifying the procedural rules so that ASN employees feel transparent about the resolution and ensuring that administrative decision is complied with and implemented.
Co-Authors Abduh, Setya Budi M Aju Putrijanti Aju Putrijanti Aju Putrijanti Albaari, Ahmad N Ambariyanto , Aniq, Ahmad Antonius Hintono ary yunanto Brata Yoga Lumbanraja Denny Nugroho Sugianto Dessy Ariyanti Eko Suprihanto Garunja, Evis Hambali Handayani, Elinna Putri Hanum, Willy Naresta Hapsari, Farida Diyah Hastono, Broto Hermin Werdiningsih Irma Cahyaningtyas Kusman Lismanto Lismanto Lita Tyesta ALW Lumbanraja, Brata Yoga Maharani, Arnetta D Nabitatus Sa’adah Pratama Herry Herlambang Pratama Herry Herlambang Prayogo, Silvan Susanto Ristyawati, Aprista Setia Untung Arimuladi Simangunsong, Gusfen Alextron Sri Mulyani Teddy Asmara Umi Rozah Wardhani, Lita Tyesta Addy Listya Yoyok Budi Pramono Yulius Yulius