Jurnal Hukum Peratun
Vol 5 No 2 (2022)

WACANA PEMBERIAN KEWENANGAN FIAT EKSEKUSI KEPADA PENGADILAN TATA USAHA NEGARA ATAS HASIL PENYELESAIAN SENGKETA ADMINISTRASI PEMERINTAHAN DI LUAR PENGADILAN

Muhammad Adiguna Bimasakti (Pengadilan Tata Usaha Negara Jayapura)



Article Info

Publish Date
31 Aug 2022

Abstract

The existence of institutions outside the state administrative courts that have the authority to resolve government administrative disputes has in recent years caused several problems. Among them are regarding the implementation or execution of the results of dispute resolution which mechanism is not clear. Finally, some parties tried to evade law (Fraude la lois) on the process of implementing the results of the settlement of administrative disputes outside the court, for example by filing a lawsuit regarding government's real act in the administrative court, when in fact the object of the dispute was not a real act. This kind of legal evading practice, if left unchecked, can disrupt the legal system of administration, including the procedural law of the administrative court, so it must be accommodated in formal administrative law (procedural law) appropriately. Because in fact, if it is not properly regulated in formal law, this will become a continuous polemic. One of the solutions offered in this paper is to add the authority of the administrative court as the giver of fiat execution for the implementation of the results of the settlement of administrative disputes that have been settled out of court based on statutory regulations. Among them are the fiat execution of the results of administrative proceedings, the implementation of the Ombudsman's recommendations and the implementation of the Ombudsman's decision.

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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 ...