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All Journal Jurnal Hukum dan Peradilan Lex Lectio Law Journal
Purba, Selviana
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Cumulation of Lawsuits Between Administrative Decisions and Factual Actions in Administrative Court Decisions Pasaribu, David; Silalahi, Irene Cristna; Purba, Selviana
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.459-494

Abstract

The concept of Administrative Decisions (KTUN) has evolved considerably since the promulgation of the Government Administration Law (AP Law), especially with the broadening of disputed objects to cover governmental actions. This change was further reinforced by Regulation of Supreme Court Number. 2 of 2019, transferring jurisdiction over tort claims against government officials from the GeneralCourts to the Administrative Courts (PTUN). However, its implementation remains challenging, especially regarding the cumulative filing of KTUN and tort lawsuits, remaining unregulated explicitly, as referred to in Supreme Court Decision No. 343 K/TUN/TF/2024 and number 594 K/TUN/TF/2024. The core issues include the ratio legis behind the expanded interpretation of KTUN under AP Law, judicial reasoning in accepting the accumulation of disputed objects and formulating an ideal concept for combining KTUN and factual actions in one claim. This research adopts a normative (doctrinal) method with a casuistic-conceptual approach. The findings indicate that the expansion of KTUN under AP Law aims to enhance legal protection for citizens against administrative actions, promote good governance, ensure governmental accountability, and broaden the supervisory role of PTUN. Supreme Court Decisions Number 343 K/TUN/TF/2024 and Number 594 K/TUN/TF/2024 affirm that cumulative claims involving KTUN and factual actions are permissible when both share a strong legal correlation as part of a single administrative series. The ideal concept of cumulative lawsuits includes close legal relevance, consistency among the object, legal grounds, and claims, support for a swift, simple, and low-cost judicial process, promotion of legal utility, prevention of conflicting rulings, and avoidance of prohibited claim mixing.
THE IMPLEMENTATION OF TRADE RELATED INVESTMENT MEASURES IN LAW OF REPUBLIC OF INDONESIA NUMBER 25 OF 2007 CONCERNING INVESTMENT Purba, Selviana
Lex Lectio Law Journal Vol 4, No 2 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Graha Kirana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61715/jll.v4i2.124

Abstract

This paper examines the implementation of the Agreement on Trade-Related Investment Measures (TRIMS) within the legal framework of the Republic of Indonesia, particularly through Law Number 25 of 2007 concerning Investment. As a member of the World Trade Organization (WTO) since 1995, Indonesia is required to harmonize its investment policies with international trade principles, especially the National Treatment and the Prohibition of Quantitative Restrictions as reflected in GATT 1994. Although Indonesia received special and differential treatment that allowed a longer transition period, the alignment of domestic investment laws with TRIMS obligations remains essential to ensure fair competition and prevent trade-distorting investment measures. This paper analyzes how Indonesia incorporates TRIMS principles into its national investment regulations, with particular attention to Article 18 of the Investment Law, which provides various investment facilities but potentially raises issues related to performance requirements. The study concludes that while Indonesia has made significant progress in integrating TRIMS-compatible rules, several provisions—especially those linking incentives to the use of domestic goods—may still pose risks of inconsistency with WTO commitments.
Co-Authors Pasaribu, David SILALAHI, IRENE CRISTNA