Damhil Law Journal
Volume 5 Issue 1 2025

The Contest of Judicial Rationality: An Examination of Judges' Considerations in PTUN Cases No. 21/G/2022/PTUN.GTO and 19/B/2023/PT.TUN.MDO

Bahutala, Andris E. (Unknown)
Wantu, Fence M. (Unknown)
Ahmad, Ahmad (Unknown)



Article Info

Publish Date
16 Sep 2025

Abstract

This study examines the contestation of judicial rationality in the resolution of civil servant (ASN) disciplinary disputes at two levels of administrative court, namely the Gorontalo Administrative Court (PTUN Gorontalo) and the Manado Administrative Court (PT.TUN Manado), focusing on cases No. 21/G/2022/PTUN.GTO and No. 19/B/2023/PT.TUN.MDO. Using a juridical-normative approach and case analysis, the study highlights the fundamental differences in the reasoning of first-instance judges, who emphasize adherence to formal procedures and the protection of individual ASN rights, compared to the approach of appellate judges, who prioritize substantive justice, public utility, and proportionality of sanctions to maintain bureaucratic integrity. The findings indicate that judicial interpretation of administrative law is strongly influenced by the concrete context of the case, the judges' backgrounds, and their orientation towards justice, leading to disparities in decisions that result in legal uncertainty and inadequate protection for ASNs. The study concludes that standardizing judicial reasoning through technical guidelines that integrate procedural and substantive justice principles is necessary, alongside strengthening the training and mentoring of judges to ensure consistent, fair decisions that are focused on improving bureaucratic governance. Recommendations are made to promote the establishment of a national database of ASN disciplinary decisions, cross-agency collaboration, and regular regulatory evaluations to make the administrative justice system more accountable and responsive to individual rights and public interests.

Copyrights © 2025






Journal Info

Abbrev

DLJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such ...