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All Journal JURNAL HUKUM Jurnal Hukum dan Peradilan
Yodi Martono Wahyunadi, Yodi Martono
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Controversy on Transfer of Absolute Competency of the State Administrative Courts in Government Administrative Law Wahyunadi, Yodi Martono; Jansen, Bart; Hadiyanto, Alwan
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.111-132

Abstract

The absolute competence of the State Administrative Court is to adjudicate objects of state administrative disputes in the form of State Administrative Decisions. This study aims to analyze the transitional provisions in government administration regulations and analyze the absolute competence of state administrative courts. This study is a normative legal study. The results of this study state that the transitional provisions in the Government Administration regulations in particular have changed the meaning of State Administrative Decisions in a veiled manner, which is contrary to the principle of forming laws and regulations. The absolute competence of the State Administrative Court has been expanded to include testing for abuse of authority, state administrative actions, and the concept of positive fictitious decisions, namely considering a request to be granted if the authorized official does not issue a decision within a certain time limit. In order to fulfill the principle of legal certainty and regulatory hierarchy, changes to State Administrative Decisions should be made through changes to the State Administrative Court Law, not through transitional provisions in the State Administrative Law.
KOMPETENSI ABSOLUT PENGADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Wahyunadi, Yodi Martono
Jurnal Hukum dan Peradilan Vol 5 No 1 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.1.2016.135-154

Abstract

In the context of Law Number 30 of 2014 concerning Government Administration the competence of administrative court was not only the decision of the Administration but also has the competence to judge the actions of Administration. In addition administrative court also have competence to decide an application for assessment to determine whether there are elements of authority abuse as well as the application for a fictitious positive decision. However to determine the application for approval of a person or body of civil law are not automatically, but must first be tested through administrative courts. The Government's Administration Law regulates the material law and formal law. For the Government's Administration Law should be amended to load any material law and the need for changes to the Administrative Law to accommodate the enforcement of material law.Keywords: administrative court, competence, material law, formal law.
Co-Authors Alwan Hadiyanto Jansen, Bart