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p-Index From 2021 - 2026
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All Journal Journal of Law, Poliitic and Humanities Literacy : International Scientific Journals of Social, Education, Humanities
Ronald Christyanto Soegiarto
Pelita Harapan University
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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State Administrative Court in Providing Legal Protection Against Administrative Decisions That Are Harmful to Citizens Ronald Christyanto Soegiarto; Nur Achmad Rifai Ridwan; Priangga Charis Pratama
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 3 (2024): December : LITERACY : International Scientific Journals of Social, Education, H
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i3.3538

Abstract

The State Administrative Court (PTUN) was established as a legal protection instrument in Indonesia's rule of law to correct administrative actions of officials that harm citizens. However, in practice, the PTUN has not been fully able to fulfill its ideal function as a bastion of justice. This study examines the gap between das sollen and das sein in the performance of the PTUN, particularly regarding the implementation of decisions that have become final. Legal uncertainty arises from the continued granting of judicial review (PK) authority to TUN officials who lose their cases, weak execution mechanisms, and the absence of a supervisory body for the implementation of decisions. Furthermore, the legal culture of officials that does not respect the finality of decisions also contributes to sociological obstacles. This study uses normative and sociological approaches to identify regulatory, institutional, and legal culture constraints, while also formulating necessary reform measures. Through empirical case analysis, such as the Jayapura Administrative Court decision No. 6/G/LH/2023/PTUN.JPR regarding the customary land dispute of the Awyu tribe, the study formulated several urgent reform measures. With these steps, the Administrative Court can function more effectively as a tangible form of administrative legal protection, while strengthening the legitimacy of the judiciary and public confidence in the rule of law in Indonesia.
Legal and Ethical Debate on Escorts on Public Roads: A Comparative Case Study Muhammad vino Sebastian; Ali Faza Akmala; Muhammad Farrel Arrizky Torin; Ronald Christyanto Soegiarto
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3231

Abstract

Abstract: This research provides an extensive inquiry into the systemic conflict between judicial mandates and administrative finality within the Indonesian electoral justice system. By focusing on the high-profile disqualification and subsequent legal reinstatement of DPD candidate Irman Gusman, this study dissects the implementation of the principle of legal certainty (asas kepastian hukum) amidst the rigid progression of election stages. Using a normative-juridical framework, the paper evaluates the Jakarta State Administrative Court’s (PTUN Jakarta) findings regarding procedural maladministration and substantive misinterpretations of criminal law by the General Election Commission (KPU). Furthermore, it explores the broader implications of institutional resistance, where the KPU utilized the "non-executable" doctrine to ignore a final and binding court order. The eventual resolution through the Constitutional Court’s (MK) intervention, which ordered a province-wide re-vote, serves as a testament to the high cost of administrative disobedience. This study concludes that the lack of synchronization between judicial timelines and logistical calendars creates a "crisis of certainty" that requires urgent legislative reform to ensure that the rule of law (rechtsstaat) remains the ultimate arbiter of democratic eligibility.
Co-Authors Ali Faza Akmala Muhammad Farrel Arrizky Torin Muhammad vino Sebastian Nur Achmad Rifai Ridwan Priangga Charis Pratama