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All Journal Varia Justicia POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Putu Gede Arya Sumerta Yasa
Faculty of Law, Universitas Udayana
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Unlawful Administrative Act: Indonesian Administrative Law Perspective Putu Gede Arya Sumerta Yasa; Wita Setyaningrum; Kadek Agus Sudiarawan
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5172

Abstract

This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
REGULATION OF PEACEFUL PASSAGE RIGHTS IN THE TERRITORIAL SEA BASED ON THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) A.A. Gde Agung Dananjaya; Putu Gede Arya Sumerta Yasa
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1114

Abstract

The aim of this research is to conduct a detailed analysis of the regulation of innocent passage rights in territorial waters as outlined in UNCLOS (United Nations Convention on the Law of the Sea) and its practical application. This study utilizes a normative legal research methodology, incorporating legislative and case-based approaches. The findings of this study reveal that the regulation of innocent passage rights in territorial waters is governed by UNCLOS, spanning from Article 17 to Article 32. While the regulation has been extensively addressed, it is not yet fully comprehensive. There are evident ambiguities in the norms that impede the effective implementation of these regulations. The incident involving the entry of American warships into the territorial waters of the People's Republic of China, resulting in conflicts, serves as a prime example of the inadequacies in the regulation of innocent passage rights in territorial waters as outlined in UNCLOS. In this scenario, both nations hold differing interpretations of the norms within UNCLOS.
Co-Authors A.A. Gde Agung Dananjaya Kadek Agus Sudiarawan Wita Setyaningrum