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All Journal Jurnal Ilmiah Wahana Pendidikan
Faadhilah Aurelia Wirhartati Tampubolon
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Religion Education Social Sciences Other

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PERTIMBANGAN MAHKAMAH AGUNG DALAM PEMILIHAN KEADILAN SUBSTANTIF SEBAGAI PUTUSAN AKHIR SENGKETA NOMOR 39/G/2016/PTUN-BNA Faadhilah Aurelia Wirhartati Tampubolon; Difa Salsabila; Nadiva .
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 11 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8098315

Abstract

Aristotle argued that a good state is a state that is the rule of law and is instructed by the constitution. In line with good governance, bureaucratic governance management in a better direction is the arrangement of government management systems for the achievement of goals in the context of development. Reform is an effort to renovate the government maintenance system. The emergence of personnel disputes that arise as a result of the provisions of TUN decisions in the field of personnel regarding the rights, obligations, and positions of civil servants. The case in the personnel dispute in Supreme Court Decision Number 533/K/TUN/2017 between the Aceh Regional Police Chief and Endri Mahara who lost his legal status as a civil servant. For dispute resolution that has involvement in TUN and criminal such cases thereafter agreed to use substantive rules that lean towards law enforcement, material regulations or material criminal law. Therefore, the Supreme Court uses substantive rather than formal justice. Gustav's theory was chosen to analyze this matter because it strengthens substantive justice. Using Gustav's theory, it pays attention to substantive rather than formal legal rules.
Co-Authors Difa Salsabila Nadiva .