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THE APPLICABILITY OF LEGAL RULES ON FICTITIOUS NEGATIVE DECISIONS AND FICTITIOUS POSITIVE DECISIONS Jenrison Nainggolan; Aan Eko Widiarto; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2649

The objective of this study is to examine the legal validity of Negative and Positive Fictitious Decisions from the perspective of state administrative law. This study uses normative legal research methods by analyzing variety of literature. The research methods is based on legislationand uses secondary data consistin primary legal materials, secondary legal materials, presented in a wualitative descriptive manner. The findings indicate that the authority of the PTUN to Adjudging disputes of positive fictitious disputes has been removed in the provisions of Article 175 of the Job Creation Law and the provisions for derogation (revocation) of the provisions of Article 3 of the Peratun Law are not regulated in the State Administration Law and the Job Creation Law, so the principle of preference lex posteriori derogat lex priori is no longer appropriate to use. Additionally, the PTUN authority standards that attempt both positive and negative fake disagreements are no longer in conflict. Since the PTUN still has the authority to attempt Negative Fictitious, Positive Fictitious essentially has the executive's complete authority. Therefore, one example of a legal safeguard for citizens against false judgments made by government officials is the requirements of Article 3 of the Peratun Law.

POSITION OF ELECTRONIC EVIDENCE IN THE PROCESS OF PROVIDING PROCEDURE IN STATE ADMINISTRATIVE COURT The Position of Electronic Evidence in the Evidentiary Process of State Administrative Court Procedural Law Komang Alit Antara; Moh. Fadli; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2753

This study analyzes the position of electronic evidence in the legal evidence process of the State Administrative Court. The development of information technology has had significant implications for the justice system, especially in the recognition and use of electronic evidence. However, there is a gap between the increasingly digitalized practice of government administration and the PTUN procedural law mechanism which still focuses on physical documents. This study uses normative legal analysis conducted with a statutory and conceptual regulatory approach, using data from related laws and legal literature. The results of the study indicate that the unclear regulations in Law Number 5 of 1986 concerning the PTUN, although the ITE Law has recognized electronic evidence, cause legal uncertainty, differences in judge interpretation, and potential manipulation of evidence. Therefore, this study recommends the reconstruction of PTUN procedural law norms to include explicit provisions regarding electronic evidence, the establishment of a digital forensic validation institution, and the regulation of authentication and security of electronic documents. These steps are important to ensure justice, legal certainty, and efficiency in resolving state administrative disputes in the digital era.

FACTUAL ACTION AS ADMINISTRATIVE DISPUTES (PROHIBITION OF MISLEADING LAWSUIT BETWEEN THE ADMINISTRATIVE DECISION AND THE FACTUAL ACTION) David Pasaribu; Istislam; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2767

This article attempts to comprehend the ideal concept of factual action and analyzes factual action as an object of dispute in the Administrative Court ("Peratun") in relation to the prohibition of misleading the administrative decision ("KTUN") and the factual action. The research method uses normative research with conceptual, statutory, and case approaches. The results show the complexity of factual action related to examine the factual action and also the double-checking system of administrative tort. First, by classifying an object as the factual action or KTUN, and second, by examining factual actions as the administrative tort by government agencies/officials which are clashing/not clashing to the statutory regulations nor general principles of good governance. Furthermore, the misleading lawsuit can occur when the lawsuit disrupes/reverses the definition of each object, both KTUN and factual actions. The cumulation of objects among KTUN with factual actions is possible as long as there are interrelated legal character (innerlijke samenhang) of objects, prioritize the speedy trial, simple, and low-cost principle, and the principle of utility (bring justice closer to the people).

INTERPRETING THE CONCEPT OF DOMINUS LITIS: THE ACTIVE ROLE OF JUDGES IN STATE ADMINISTRATIVE COURT Siti Faridah; Shinta Hadiyantina; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3358

This article explores the interpretation and application of the concept of dominus litis—the active role of judges—in the context of the Indonesian State Administrative Court. Unlike the passive adjudicatory model commonly found in civil law systems, the principle of dominus litis in administrative adjudication positions the judge not merely as an arbiter but as a central figure in uncovering the material truth and guiding the resolution of state administrative disputes. Through normative approaches, this study analyzes the legal foundations, limitations, and judicial practices that shape the active role of judges in administrative proceedings. The research further examines how this role aligns with the principles of procedural fairness, legal certainty, and the protection of citizens’ rights against unlawful government actions. Ultimately, the article argues that the appropriate implementation of dominus litis is essential for achieving substantive justice in state administrative adjudication while ensuring that judicial activism remains within constitutional and statutory boundaries.

DISPARITY IN JUDGES’ DECISIONS IN CRIMINAL ACTS OF DOMESTIC NEGLECT (CASE STUDY OF DECISION NUMBER 575/PID PID.SUS/2017/PN KPN AND DECISION NUMBER 95/PID.SUS/2024/PN TIM) Puti Almas; Yuliati; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3738

Disparity can be associated with the existence of differences or inconsistencies in the application of punishment in court decisions for similar or comparable cases. Disparity may be defined as unjustified differences in legal treatment, either in the type or severity of punishment, for cases with similar characteristics. This research aims to examine and analyze the legal considerations used by the panel of judges that led to the occurrence of disparities in decisions for the crime of domestic neglect, based on Decision Number 575/Pid.Sus/2017/PN Kpn and Decision Number 95/Pid.Sus/2024/PN Tim. It also aims to assess whether the two decisions have fulfilled the principles of justice, utility, and legal certainty. The research method used is normative juridical, employing normative legal, conceptual, and case approaches. The legal research data consist of secondary data, including primary, secondary, and tertiary legal materials. The findings of this thesis indicate that there is a disparity between Decision Number 575/Pid.Sus/2017/PN Kpn and Decision Number 95/Pid.Sus/2024/PN Tim. This is because the conditions of “disparity in the same criminal act,” “disparity in sentencing by different judicial panels for the same crime,” “disparity in sentencing by the same judicial panel,” and “disparity in crimes of equal seriousness” have been met. Additionally, it was found that Decision Number 575/Pid.Sus/2017/PN Kpn satisfies the principles of justice, legal utility, and legal certainty. In contrast, Decision Number 95/Pid.Sus/2024/PN Tim only ensures legal certainty for the interested party, failing to uphold the principles of justice and utility, particularly in relation to the victim.

JUDICIAL LIMITS OF INTERVENTION IN ADMINISTRATIVE COURT Prasetyo Nugroho; Shinta Hadiyantina; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4222

This journal aims to analyze the intervention process in dispute resolution in the Administrative Court. This study identifies two main problems: first, the mechanism for third-party entry into the dispute resolution process in the Administrative Court, and second, the legal consequences of third-party intervention in the case under study. The results of the study show that based on Article 83 of Law Number 5 of 1986 concerning Administrative Courts, third parties can enter the trial process during the examination, either on their own initiative, at the request of one of the parties, or at the initiative of the judge. The legal consequence of the entry of this third party is that they obtain the status of the Second Defendant of Intervention, which gives them the right to defend their interests in the trial process. This study emphasizes the importance of the presence of third parties in maintaining justice and legal certainty in state administrative disputes. The conclusion of this paper is that although intervention provides an opportunity for interested parties to participate in the legal process, there is a need for renewal and codification of the code of procedure in the Administrative Court to be more responsive to the dynamics of existing dispute resolution.

THE URGENCY OF FORCED MONEY REGULATION IN THE STATE ADMINISTRATIVE COURT: NORMATIVE ANALYSIS OF IMPLEMENTATION MECHANISMS Ferio Wabarca Hutabarat; Shinta Hadiyantina; Sudarsono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4320

The regulation of forced money (dwangsom) within the State Administrative Court is an important instrument to ensure compliance of state administrative officials with court decisions that have permanent legal force. However, until now the regulations governing the mechanism for the implementation of forced money in the PTUN are still unclear, so it often causes obstacles in the practice of execution. This study aims to analyze the urgency of the regulation of forced money in the State Administrative Court by focusing on the implementation mechanism so that it can be implemented effectively. The research method used is a prescriptive method with a normative approach, namely examining applicable laws and regulations, legal doctrines, and relevant court decisions. The results of the study show that the absence of strict regulations regarding the implementation of forced money creates legal uncertainty and has the potential to weaken the function of the PTUN as judicial control over government administrative actions. Therefore, a more comprehensive regulation is needed regarding the mechanisms, procedures, and parameters of the implementation of forced money in order to provide legal certainty, ensure the effectiveness of the execution of decisions, and strengthen the principle of the rule of law in the administration of government.

FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4549

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years

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