Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Journal of Social Research
Sri Kusriyah
Universitas Islam Sultan Agung
Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Regulation on the Authority to Address the Determination of Village Head Election Results as the Object of State Administrative Disputes Has Not Been Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.828

Abstract

As for the definition according to Law Number 5 of 1986 article 4, the State Administrative Court is one of the executors of judicial power for the people seeking justice for State Administrative disputes. Apart from the State Administrative Court, other courts as executors of judicial power in Indonesia based on Law Number 48 of 2009 concerning Judicial Power, are the General Court, the Religious Court and the Military Court which culminate in the Supreme Court, as well as an independent Constitutional Court. The type of research used in this research is analytical descriptive. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Judges in being accountable for decisions often also seek support from jurisprudence and science. Seeking support in jurisprudence does not mean that a judge is bound by or has to follow decisions regarding similar cases that have been handed down by the Supreme Court and the Court of Appeal, or that have been decided by him alone. Based on the results of the research and discussion that have been described in the previous chapters, the authors draw conclusions, suggestions, from the results of the research as follows: Weaknesses in the regulatory authority adjudicating the Determination of Village Head Election Results as the Object of the Current State Administrative Dispute, Weaknesses Regulations in Article 1 number 8 and number 9 regarding the understanding of State Administrative Agencies or Officials and State Administrative Decisions in the perspective of current Human Rights, namely that there are weaknesses in the legal structure, legal substance and legal culture.
Reconstruction of Regulation of the Authority to Address Determination of Village Head Election Results as the Object of State Administrative Object of State Administrative Disputes Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 6 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i6.919

Abstract

The State of Indonesia is a State of Law". As a constitutional state, Indonesia places the foundations of law above all else. The purpose of this study is to analyze and find regulations adjudicating the determination of village head election results as objects of dispute. State administration is not based on the value of justice. The results of the Election of the Village Head as the object of a state administrative dispute based on the value of justice. The paradigm in this study is Constructivism. The legal research used in this dissertation is qualitative legal research, i.e. non-doctrinal legal research using a socio legal research approach, and the nature of this dissertation research is descriptive. The theory used is Pancasila justice theory, dignified justice theory (Grand Theory), legal system theory (Middle Theory), as well as progressive legal theory and authority theory (Applied Theory). The results of the study found that the Reconstruction of regulations on the authority to adjudicate the Determination of Village Head Election Results as Objects of State Administrative Disputes based on the value of justice, Reconstruction of regulations on objects of state administrative disputes on Bodies or Officials and State Administrative Decisions as follows: contents of Law No. 51 of 2009 concerning the Second Amendment to Law No. 6 of 1986 concerning State Administrative Courts Paragraph (1) Number 8 concerning the meaning of State Administrative Agencies or Officials Paragraph (1) Number 9 concerning State Administrative Decisions Prior to reconstruction in the event of disputes over the determination of the Village head election committee regarding the results of the village head election not being resolved by the Regent can be directly challenged to the state administrative court.
Co-Authors Anis Mashdurohatun Bernat Panjaitan