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All Journal Analisis: Jurnal Studi Keislaman Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM JURNAL MAHKAMAH JOURNAL EQUITABLE Jurnal Yuridis Rahmatan Lil’alamin Journal of Community Services (RLA) Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Law Journal South East Asian Journal of Advanced Law and Governance
Despan Heryansyah, Despan
Universitas Islam Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : South East Asian Journal of Advanced Law and Governance

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Presenting a Human Rights Perspective in Administrative Law (Paradigm Offers and Administrative Court Reviewing) Heryansyah, Despan
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23314

Abstract

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.
Co-Authors Agustian, Tomi Anggraeni, Novi Iswa Arifin, Kamil Alfi Aslam, Bayu Muhammad Bening Mahesti Mahanani Dey, Nabhojit Didin Dwi Novianto Hadi, Sahid Irawa, Khasbi Andi Lutviah, Lutviah Maziya , Fina Binazir Muhammad Fadhly Rizky Octavio Pratama, Ainul Yaqin Putri Ayu Puspita Reza, Fatma Sahid Hadi Suparman Marzuki, Suparman Suparyati Suparyati Syafi'ie, M.