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Shafira Muqsitha
Fakultas Syariah IAIN Pontianak
Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Public Health

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Kompetensi Peradilan Tata Usaha Negara Terhadap Perihal Acara Pembuktian Dalam Sengketa Tata Usaha Negara: Kompetensi, Peradilan Tata Usaha Negara, Pembuktian Shafira Muqsitha; Arif Wibowo
Jurnal Penelitian Multidisiplin Vol 2 No 1 (2023): Jurnal Penelitian Multidisiplin
Publisher : Jurnal Penelitian Multidisiplin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58705/jpm.v2i1.80

Abstract

Indonesia is a legal state based on Pancasila with the aim of realizing a safe, prosperous and orderly life order for the nation and state as the legal position of citizens in society is guaranteed. The state is a power organization (political organization) led by a centralized government whose task is to defend the state, maintain public order and prosper all citizens. In its implementation, there are often disputes and disputes between the State Administration Agency and Officials and the citizens of the community. The dispute is resolved through the State Administrative Court. This paper discusses about the proving procedure in state administrative disputes. Because, as it is known that a very important problem in the law of proof is the problem of the burden of proof. The distribution of the burden of proof must be carried out fairly and impartially, because a one-sided distribution of the burden of proof means that a priori the party who accepts the burden that is too heavy falls into the abyss of defeat. Meanwhile, proving or providing evidence is by using certain evidence to provide a level of certainty that is in accordance with reasoning about the existence of the facts (laws) in dispute. It is stipulated in article 100 paragraph (1) of Law N0. 5 of 1986 concerning the State Administrative Court in the form of letters or writings, expert statements, witness statements, confessions of the parties and knowledge of judges.
Keberadaan Mahkamah Konstitusi Dalam Sistem Ketatanegaraan Republik Indonesia: Kekuasaan, Kewenangan, Sistem Ketatanegaraan, Konstitusi Shafira Muqsitha; Arif Wibowo
Jurnal Penelitian Multidisiplin Vol 2 No 1 (2023): Jurnal Penelitian Multidisiplin
Publisher : Jurnal Penelitian Multidisiplin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58705/jpm.v2i1.81

Abstract

One of the most important agendas of demands for reform and democracy is the establishment of an Indonesian constitutional system based on the notion of people's sovereignty and a rule of law (rechstaat). Therefore, in the context of strengthening the legal system which is expected to be able to bring the Indonesian people to achieve their aspired statehood goals, the amendment to the 1945 Constitution is a strategic step that must be carried out carefully by the Indonesian nation. Talking about the legal system is of course inseparable from the issue of legal politics, because it is legal politics that determines the legal system as desired. Changes in the constitutional system that occurred resulted in changes in the political, cultural and legal systems in Indonesia. Therefore, the younger generation must become agents of change in the life of the state constitutionally by taking part in the dynamics of the constitutionality of the nation and state. To foster a culture of constitutional awareness, it is necessary to understand the basic values and norms which are the material content of the constitution. Thus, the idea of establishing a Constitutional Court is an effort aimed at the correct administration of power and state administration in accordance with the basic law or constitution. The Constitutional Court is one of the state institutions that has the authority to exercise independent judicial power to administer justice, is responsible for managing its own organization, personnel, administration, finances, and can further regulate matters necessary for the smooth implementation of its duties and authorities.
Co-Authors Arif Wibowo