Jurnal Hukum Peratun
Vol 6 No 1 (2023)

PENYELESAIAN SENGKETA TATA USAHA NEGARA DI BIDANG PENGADAAN BARANG DAN JASA YANG BERKEPASTIAN HUKUM

Sri Yudyaningrum, Khoirunissa (Unknown)
Damayanti, Suci (Unknown)



Article Info

Publish Date
28 Feb 2023

Abstract

This article aims to analyze the consistency of the judges of Administrative Court (PTUN) on adjudicating cases of government procurements (PBJ) in order to create legal certainty. There’s two issues that will be discussed, first, how legal certainty construction relates with how Administrative Courts adjudicate government deeds of procurement cases; and two, how the effort of the judges of Administrative Court on establishing legal certainty on adjudicating governments deeds on procurement cases. To answer the issues, the research uses the empirical or non-doctrinal methods that analyze how law is applied in reality, including study about the verdict. The verdict that we use for this study will restricted in procurements cases, especially in construction field. The research shows that the judges of Administration Courts being inconsistent on their judgements causes irregularity of law. This is in addition to being influenced by the expansion of the meaning of state administrative decisions (KTUN) in the Government Administration Law, as well as the inconsistency of judges in interpreting any KTUN in the PBJ field which is the absolute authority of the PTUN. Including when interpreting whether or not efforts to rebut and rebut appeal in PBJ disputes.

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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 ...