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Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Institut Agama Islam Negeri Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
JURNAL ILMIAH MIZANI : Wacana Hukum, Ekonomi, dan Keagamaan is a scientific publication journal that contains Islamic law, Economics, and Islamic Religious Studies to support the development of Islamic knowledge. This journal is published two times a year in March and September by Faculty of Islamic Law of State Institute for Islamic Studies (IAIN) Bengkulu.
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Search results for , issue "Vol 3, No 1 (2016)" : 1 Documents clear
ANALISA KRITIS GUGATAN VOLUNTAIR TERHADAP PRAKTIK MALADMINISTRASI DI BIDANG PELAYANAN PUBLIK Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 3, No 1 (2016)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.047 KB) | DOI: 10.29300/mzn.v3i1.1022

Abstract

The presence of concept positive fictitious decision in the Laws Of Administration of Government is an attempt to fight maladministration in the field of public service. In order to decision of positive fictitious get the laws power, Based on Laws Adpem should be applied for the determination to PTUN through lawsuit voluntair. Lawsuit voluntair is lawsuit petition affirmation of a right in the absence of other parties that made opponents (ex parte). If Lawsuit voluntair was granted by PTUN without the presence of the defendant, it could have voluntair lawsuit that originally expected to provide protection to the public, even cause new problems, For example court decision was contrary to the laws and regulations or prejudice the others. To avoid erroneous determination, then the judge in the lawsuit voluntair examination should be careful and cautious. The judge should instruct the defendant to attend and asked for information, although only as a witness and not as opponent. Furthermore, voluntair lawsuit could not be filed due to the passive attitude of the agency or government officials on a request for cancellation of the concrete decisions.

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