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All Journal Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi
Jeffry A. Ch. Likadja
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perluasan Kompetensi Pengadilan Tata Usaha Negara dalam Mengadili Tindakan Faktual Pemerintah Stephanie Angela Penu; Jeffry A. Ch. Likadja; Yohanes G. Tuba Helan
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.595

Abstract

Decisions and decrees as legal instruments of the government in carrying out legal actions unilaterally, can be the cause of legal violations for citizens, in Law Number 5 of 1986 concerning State Administrative Courts and its amendments, the law explains that the object of state administrative disputes is that which contains legal actions that can have legal consequences for a person or civil legal entity, at least there is ease for the public to sue the government and request the cancellation of decisions made by the government, but due to the expansion of objects in Law Number 30 of 2014 Article 87 letter (a) includes written decisions, it also includes factual actions. Therefore, the problem formulation in this research is whether the state administrative court has the authority to adjudicate factual government actions that harm the community, how legal protection for people who are harmed by factual government actions. This research is a normative legal research with statutory, conceptual, historical, and doctrinal approaches that apply to determine the rule of law as a whole. The results showed that the expansion of the competence of the State Administrative Court to adjudicate factual actions of the government is not competent because it cannot cause legal consequences because it is not in line and contradicts what is regulated in Law Number 5 of 1986 concerning State Administrative Courts and its Amendments, the public does not get legal protection through the State Administrative Court as a result of the factual actions of State Administrative bodies/officials. Suggestions from this research are that factual actions should be removed or eliminated from the competence of the State Administrative Court and there is no need to expand the object of State Administrative disputes, for people who feel harmed by factual actions of State Administrative bodies/officials should file a lawsuit against the law to the district court.
Legalitas Pendaftaran Investasi Asing pada Sistem Online Single Submission Risk Based Approach (Oss-RBA) di Indonesia Jesycha Nasrani Lussy; Jeffry A. Ch. Likadja; Elisabeth N.S. Bota Tukan
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i4.230

Abstract

This study aims to find out and analyze the legality of foreign investment registration in the online single submission risk based approach (Oss-RBA) system in Indonesia. This research is a normative research using primary, secondary and tertiary legal materials collected by tracing or searching and documentation studies, the legal materials that have been collected are processed and analyzed in several stages, namely inventory, identification, classification and systematization. The results of the study show that (1) Law Number 25 of 2007 concerning investment has been in compliance with TRIMs. (2) Foreign investment business licenses in the Oss-RBA system are not considered to violate TRIM's because they are not regulated in the illustration of the violation of the TRIM's agreement.
Co-Authors Elisabeth N.S. Bota Tukan Jesycha Nasrani Lussy Stephanie Angela Penu Yohanes G. Tuba Helan