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Enrico Simanjuntak
Pengadilan Tata Usaha Negara Serang
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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REKONSEPTUALISASI PENGADILAN PERTANAHAN Enrico Simanjuntak
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.253-268

Abstract

There are at least three basic argument behind the idea of settlement of the special land dispute court, namely : first, the recognizing of the land bill drafter of the complexity of the land disputes. Second, the idea of settlement of special land dispute court is intended to restore the previous special court (Landreform Court) in the sixties era. Three, the special land dispute court of land is basically intended to repair the malfuncion of present court in settlement of the land disputes. But the academic draft and bill of land rises some questions about the know-how land disputes of the bill’s drafter, it proposes that this academic draft and bill of land does not take a sufficiently deep assessment. The author assumes that the flaws of academic draft is relating to the lack of legal problem mapping in land disputes, including the basic knowledge of legal system in land disputes. This situation reflects the banality of data and legal situation analysis which affects the misconception of the elemental interconection of legal normative with the structure of social aspect by jumpling to conclusion and forced conclusion. Finally, some solution which is proposed in this bill of land is diametrically opposed with the basic need of agrarian reforms and judicial empowerment project, especially administrative court. Keywords: Bill of land, Land Court, Administrative Court
PROSPEK OMBUDSMAN REPUBLIK INDONESIA DALAM RANGKA MEMPERKUAT PELAKSANAAN EKSEKUSI PUTUSAN PERADILAN TATA USAHA NEGARA Enrico Simanjuntak
Jurnal Hukum dan Peradilan Vol 3, No 2 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.2.2014.163-176

Abstract

The position and function of Administrative Court so weak that the verdict is much neglected. Referring to the approach of the legal system, where the Administrative Court and Ombudsmen of Republic of Indonesia (ORI) equally aims to promote good governance and ensure the legal protection of the public from the actions of public administration law, the ORI is possible to be handed the duties and responsibilities as independent executor PERATUN decision. In the meantime, the Ombudsmen should be given the authority to promote, supervise and impose sanctions against the defendant who is not willing to implement the decision PERATUN or against other parties who obstruct the implementation of the decision PERATUN. Keywords: Administrative Court, Ombudsmen of the Republic of Indonesia, Independet Executor.
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