Constitutum: Jurnal Ilmiah Hukum
Vol. 1 No. 2 (2023)

TINJAUAN YURIDIS KEWENANGAN ABSOLUT PENGADILAN TATA USAHA NEGARA TERHADAP TINDAKAN PEMERINTAH (STUDI KASUS PUTUSAN NOMOR 230/G/TF/2019/PTUN.JKT)

Henri Silalahi (Universitas Borobudur)
Evita Isretno Israhadi (Universitas Borobudur)



Article Info

Publish Date
30 Apr 2023

Abstract

The State Administrative Court (PTUN) has an important role as a control or supervision institution to ensure that decisions and/or legal actions taken by the government (bestuur) remain within the legal framework. There are cases of government actions that are detrimental to citizens, such as blocking data services and/or cutting off internet access in 4 cities/regencies in Papua Province. The problem in this research is the PTUN's authority to adjudicate government actions and the conformity of Decision Number 230/G/TF/2019/PTUN-Jkt with statutory regulations. The research method used is normative juridical. The results of this research are: a. The authority of the State Administrative Court in adjudicating government actions is in accordance with the General Explanation of Law Number 30 of 2014 concerning Government Administration. Article 1 number 18 of the law confirms that the PTUN has absolute authority to judge the actions of government officials or state administrators related to the implementation or non-implementation of concrete actions in the administration of government. Then, Decision Number 230/G/TF/2019/PTUN-Jkt was deemed to be in accordance with state administrative laws and regulations. Government actions in limiting internet access are considered unlawful acts by government bodies and/or officials because they violate Article 1 number 1 of Government Regulations in Lieu of Law Number 23 of 1959/UU Number 23 Prp of 1959 concerning Emergency Situations.

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Journal Info

Abbrev

cjih

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Constitutum: Jurnal Ilmiah Hukum is a scientific journal published for the publication of legal disciplines, which include civil law, criminal law, business law, constitutional and administrative law, international law, Islamic law and other fields of law. Constitutum: Jurnal Ilmiah Hukum published ...