Ahmad Shodiqin
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Pursue The Position Of The State Administrative Court In Indonesia Ahmad Shodiqin
JUSTICES: Journal of Law Vol. 2 No. 2 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i2.12

Abstract

Indonesia is a constitutional state, which means that almost every action taken in it is regulated in accordance with applicable legal provisions. The State Administrative Court is one form of implementing the rule of law. This state administrative court is regulated in Law no. 5 of 1986 concerning the State Administrative Court which is the realization of the provisions of Article 24 of the 1945 Constitution and Article of Law No. 14 of 1970 which was amended by Law no. 35 of 1999 concerning Main Provisions of Judicial Power, whose authority is to inspect to protect and develop and maintain state administration that is right according to law or according to law or right effectively or functions efficiently. Today if we analyze the existing laws in Indonesia socially, there are still many people who are less concerned about the concepts and objectives of the laws issued by the government. Therefore, from this journal, the author intends to provide legal education related to the position of state administrative justice in Indonesia
Application of the Authority of the Constitutional Court in Resolving Disputes on Regional Head Election Results Ahmad Shodiqin
JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i3.15

Abstract

This thesis aims to determine the implementation of the provisional authority mandated to the Constitutional Court in resolving election results disputes and this research also aims to determine the impact and effectiveness of the implementation of the election settlement regulations regarding the provision of vote difference thresholds. This study used the library research research method in collaboration with observation or observation methods. The number of cases registered with the Constitutional Court was 53 cases, while only 7 cases passed and advanced to the trial process. The results of the study show that the administration is systematically structured and is still the main argument by the litigants for the sake of overriding the threshold provisions. The implementation of the authority of the Constitutional Court in resolving disputes follows substantial justice while remaining obedient to the constitution, as well as an effort to protect citizens' constitutional rights. However, on the other hand, the element of legal certainty in carrying out the mandate of the Pilkada law for the disputing parties was not fully fulfilled.