Jurnal Mahasiswa Fakultas Hukum
Doktor Ilmu Hukum 2013

IMPLEMENTATION SUSPENSION OF STATE ADMINISTRATIVE DECISION BY THE STATE ADMINISTRATIVE COURT

Asmuni Asmuni (Unknown)



Article Info

Publish Date
22 Apr 2014

Abstract

AbstractBased on the principle of presumption Rechmatiq / Praesumptio iustae causa thatthe decision of the State Administrative (KTUN) should be considered legal until there is a court decision stating the contrary, it is in order that the task of the government is viable in particular to provide protection, public services and welfare for people, but as a counterweight to provide legal protection to the interests of the plaintiff, the judge may issue a suspension in the implementation. Stipulation is a legal product that was originated from the requests (no dispute) but in this case there is a dispute over the State Administration, but the judge may issue a stipulation of the suspension.Keywords: Implementation Suspension of State Administrative Decisions lead tolaw situation/condition (rechtstoestand) back to the former state or position (restitutio in integrum) prior to the decision of the State Administrative being disputed.

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