Jurnal Hukum Peratun
Vol 2 No 2 (2019)

RESTATEMENT TENTANG YURIDIKSI PERADILAN MENGADILI PERBUATAN MELAWAN HUKUM PEMERINTAH

Enrico Simanjuntak (PTUN Jakarta)



Article Info

Publish Date
03 Dec 2019

Abstract

Administration Act concerns the extent to which the scope of court jurisdiction relating administrative torts (onrechtmatige overheidsdaad), as intended in Article 1365 of the Civil Code. There are at least two different views on the issue. First, administrative court mutatis mutandis has the power to resolve the case relating onrechtmatige overheidsdaad, this view is represented by Supreme Court Circular No. 4/2016. A different view holds that the onrechtmatige overheidsdaad act is a genus whereas the factual act as referred to UUAP is a species. This second view is not mutatis mutandis transferring the authority of civil judges to administrative court try the onrechtmatige overheidsdaad case. This difference of opinion is important to be studied more thoroughly to know the real issue of the different views.

Copyrights © 2019






Journal Info

Abbrev

peratun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of articles published in this journal discusses various topics in the field of Administrative Law and other sections related to ...