Indonesian Journal of Law and Policy Studies
Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies

Licensing Disputes in The State Administrative Court System

Regita Dwi Azzahra (Universitas Muhammadiyah Tangerang)
Ahmad Ahmad (Universitas Muhammadiyah Tangerang)
Putri Aulya Maharani (Universitas Muhammadiyah Tangerang)
Syahrul Ardiyansyah Hamid (Universitas Muhammadiyah Tangerang)
Siti Athira Hasya (Universitas Muhammadiyah Tangerang)
Revalina Keyza (Universitas Muhammadiyah Tangerang)
Wahyu Tenggar A Ruby Razzaq Sulaiman (Universitas Muhammadiyah Tangerang)
Muhammad Rifadli Rabunah (Universitas Muhammadiyah Tangerang)
Rizky Sapta Ramadan Ependi (Universitas Muhammadiyah Tangerang)
Endang Mulyadin (Universitas Muhammadiyah Tangerang)



Article Info

Publish Date
20 May 2024

Abstract

Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance

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Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...