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All Journal Justice Law Review
David Pasaribu
Pengadilan Tata Usaha Negara Pekanbaru
Law, Crime, Criminology & Criminal Justice

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Legal Protection (Rechtsbecherming) Against The Entry Of A Third Party In The Administrative High Court David Pasaribu
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.19

Abstract

The acceptance of third parties at the appellate level is a discourse that requires in-depth theoretical studies. Law Number 5 of 1986 about Administrative Courts and its amendments do not clearly regulate third parties at the appellate level. This condition has led to the emergence of propaganda from a progressive legal perspective to accommodate third parties at the appellate level for supporting the existentiality of legal protection for justice seekers. This research aims to analyze the acceptance of third parties at the appellate level from the perspective of legal protection, the technical concept of administration, and the trial of the acceptance of third parties at PTTUN. The research method is normative juridical with conceptual and statutory approaches. The results show that third parties are allowed to enter the examination at the appellate level in the context of legal protection, correction of legal error, exploring material truth, and upholding substantive justice. The author offers a technical concept of administration and trial of third-party entry at the PTTUN by submitting an application and its additional documents to the PTSP of PTUN. Furthermore, Judges of PTTUN responds to the third-party application through the interim decision. Furthermore, PTTUN or PTUN does the additional examination.
Problems In The Execution Of Administrative Court Decisions In Employment Disputes David Pasaribu; Irene Cristna Silalahi
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.28

Abstract

The Administrative Judiciary (Peratun) plays an important role in resolving disputes between citizens and government agencies/officials, including employment disputes. However, in practice, it is often the case that Peratun decisions that have permanent legal force are not voluntarily implemented by government agencies/officials. This results in several problems, including a decline in the court's authority and a loss of public confidence. One of the main causes is non-compliance by officials. In addition, the lengthy dispute resolution process, especially with ordinary proceedings, often makes it impossible to enforce the decision, because the plaintiff has reached retirement age, their term of office has expired, or their position has been filled by someone else. This normative study found that the expedited examination mechanism stipulated in Law Number 5 of 1986 on Administrative Courts and its amendments (Peratun Law) only applies at the first level, so that the appeal and cassation processes still take a considerable amount of time. Another factor is the absence of coercive measures such as those found in the general courts. Enforcement in the Administrative Court relies solely on coercive fines and/or administrative sanctions, so that the Administrative Court often has to rely on the superiors of the defendant, up to the President and the House of Representatives, to urge the implementation of the decision. To overcome this, it is necessary to limit legal remedies, create synergy between the judiciary and the executive, and improve the quality of the decisions themselves, which must be based on philosophical, sociological, and juridical aspects.
Co-Authors Irene Cristna Silalahi