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All Journal Indonesian Journal of International Law Jurnal Legislasi Indonesia
Saibih, Junaedi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Onrechtmatige Overheidsdaad: Menyoal Penerapan Regulasi dalam Praktik Penyelesaiannya di Peradilan Tata Usaha Negara Indonesia Risandy, Diny Arista; Saibih, Junaedi Saibih
Jurnal Legislasi Indonesia Vol 21, No 4 (2024): Jurnal Legislasi Indonesia - Desember 2024
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v21i4.1489

Abstract

The existence of Supreme Court Regulation Number 2 of 2019 as a guideline governing the settlement of lawsuit against the law by authorities (Onrechtmatige Overheidsdaad/OOD) cases in the State Administrative Court has not been consistently implemented. This research, which uses normative legal research methods, discusses the fundamental problem related to the settlement of OOD cases after the issuance of the Regulation. The main problem is the dualism or inconsistency of judicial bodies authorized to examine, hear, and decide OOD cases. Another problem is the time limit for filing an OOD lawsuit with the court, which is considered unimplementable if it is filed no later than 90 (ninety) days from the time the government action is taken by taking into account the administrative efforts that need to be taken first by the party who feels aggrieved by the government. Some of these problems need to be addressed, among others, by reforming regulations and/or policies related to the settlement of OOD cases, which specifically focus on strengthening the State Administrative Court regime in holding the absolute authority to handle OOD cases as an override of the residual rechtspraak approach and reformulation of the provisions regarding the time period for filing an OOD lawsuit
The Analysis of Transitional Justice Initiatives and The Flaw of Prosecution on The Past Human Rights Violation in Indonesia (Tanjung Priok Case) Saibih, Junaedi; Danil, Elwi; Warman, Kurnia; Mulyati, Nani
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The political transition from the New Order era to Reform Era has initiated questions to the transitional government about transitional justice initiatives. This chapter discusses the theoretical perspectives on transitional justice that have been developed by many scholars in their publications. Besides the theoretical perspectives about transitional justice, this chapter also discusses transitional justice elements, the forms, and the institution of justice in transitional regimes. The discussion in this chapter is important as a measurement of the transitional government initiatives to reach political stability and reconciling with the past. The explanation about the forms and the element of justice then be discussed comprehensively in part about the government initiatives, in addition to reconciling with the past violation and creating “Victims-Centred Transitional Justice”. This study specifically raises aspiration or expectation from the victims on the transitional justice policy made by the transitional government. The room for victims to speaks their version comparing to many versions on the incident will be narrated in the specific part on the incidents (Tanjung Priok Incident 1984) as well as reminiscing the victims’ experiences with the violations of human rights when the incident occurred. After discussing the incident, then next part shall narrate about the government policy in settling past severe violation of human rights and the effort of victim’s supporters in the House of Representatives before promulgating the Law on Human Rights Court. The later part is very important to be discussed in formulating a conclusion to half-hearted transitional justice in Indonesia.
Co-Authors Elwi Danil Nani Mulyati Risandy, Diny Arista Syofiarti