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The Authority To Resolve Disputes For The Election Of Village Head In The Indonesian Area Rosidi, Ahmad; Nurcahyo, Edy
International Journal of Educational Research & Social Sciences Vol. 2 No. 2 (2021): April 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i2.69

Abstract

The Village Head Dispute Resolution Mechanism should be regulated in detail and clearly in the norms that apply as law, which should also contain provisions regarding the Village Head dispute resolution mechanism, because these provisions are very important, where each region is required to make a Regional Regulation, related to the issue of the settlement of the village head election, which regulates the election of the village head, including providing arrangements for the settlement of village head election disputes. The Regional Regulation is the juridical basis used by the Head of government at the regional level, namely the Regent and Deputy Regent. This research is a nomative law research in which the approach used is the library or statutory approach through a study of the decisions on the results of the dispute over the village picades. The technique of collecting legal materials is carried out by means of library research. The analysis of legal materials is carried out in a qualitative deductive manner so that a conclusion can be drawn according to the needs of what has been studied. What has been researched is the regent's responsibility as a regional head which is carried out in accordance with the Regional Regulation to form an Election Committee, a Sub-District Supervisory Committee, a District Research Committee, and a Dispute Resolution Team formed directly by the East Lombok Regent. The pattern of village head election dispute resolution carried out by the local government is through deliberation with the roles of negotiator, mediator and conciliator.
The Use Of The Erga Omnes Principle In The Implementation Of Decisions Of The State Administrative Court (PTUN) With Permanent Legal Power Laritmas, Selfianus; Gede Yusa, I; Rosidi, Ahmad
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.258

Abstract

Legal regulation The role of the State Administrative Court in the practice of settling government administration in Indonesia needs to be properly regulated, because in the implementation of the Administrative Court decisions according to Article 116 of Law no. 51 of 2009 concerning the Second Amendment to Law No. 5 of 1986 is a regulation regarding forced money which is not clear and there is no final settlement of a decision that has permanent legal forcethe execution cannot be carried out properly, and the absence of an executive or foundational institution strong law causes the decision of the State Administrative Court to have no power force. Even the State Administrative Court Law does not regulate firmly and clearly regarding the issue of the coercive power of the State Administrative Court's decision, so that in the implementation The decision really depends on the good faith of the State Administration Agency or Official in obey the law. This situation is quite alarming, because the principle of justice is State Administration, to put juridical control in the government to be lost meaning in the Indonesian constitutional bureaucratic system even though the decision should bind the disputing parties and have executive power when they already have a decision that has permanent legal force, according to the legal principle Erga omnes states thatThe decision of the State Administrative Court is publicly binding, not only binding on the disputing parties. This is a consequence of the nature of the state administrative dispute which is a public legal dispute, so that the Administrative Court Decision must bind all interested parties and have the obligation to comply with every decision;This research analyzes the problem, How about The existence of the Implementation of Administrative Court Decisions in the law enforcement system? And Has the execution of the Administrative Court Decision been effective in the law enforcement system. The research methodology used in this study is normative juridical with the approach used is the Statute Approach and the Case Approach, the approach carries out an assessment of laws and regulations related to the central theme of research with the procedure for collecting legal materials. Both Primary and secondary legal materials are collected based on the topic of the problem that has been formulated based on the Legislation which is reviewed comprehensively to provide new legal ideas for legal reform.