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Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : 26543125     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
ISLRev is intended to be a scientific and research journal for academics, legal scholars, and legal practitioners with focuses on, but not limited to, constitutional law, and state law, administrative law, and all related issues concerning to state law studies. The Journal publishes contemporary articles on law and case analysis, and the Journal published within Bahasa and English both print and online version. The ISLRev is also intended to be Indonesia’s forum for discussion and analysis of constitutional as well as state law issues that affect practitioners. Each issue on ISLRev includes insightful analysis and discussion on state law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 107 Documents
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Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights? Sabri, Zaharuddin Sani Ahmad; Akhmad, Muhammad Zaidan Syafiqy
Indonesian State Law Review (ISLRev) Vol 6 No 1 (2023): Indonesian State Law Review, April 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68230

Abstract

The State Administrative Court (PTUN) plays an important role in adjudicating state administrative conflicts, issuing final and impactful State Administrative Decisions (KTUN). Recipients aggrieved by these decisions have a 90-day window, as mandated by Article 55 of the Administrative Court Law (UU PTUN), to file a lawsuit if they believe the KTUN violates established laws, regulations, or principles of good governance. Despite its apparent procedural clarity, the 90-day timeframe has become a subject of public controversy, prompting four challenges to its constitutionality before the Constitutional Court. Critics argue that this stringent deadline, rather than achieving its intended goals of legal certainty and political stability, poses a potential threat to human rights. This study employs normative legal research techniques, library law research, and meticulous data collection to dissect the complexities surrounding the State Administrative Court's lawsuit filing deadline. The findings underscore the contentious nature of the 90-day limit, emphasizing its potential adverse effects on human rights and its perceived departure from its intended purposes. By elucidating these dimensions, the study aims to foster a deeper understanding of the controversy and its implications.
The Debate on the Grace Period in Appealing Cases Against the State Administrative Court Monica, Lamira Sekar; Rahman, Malik Akbar Mulki; Windiasari, Windiasari
Indonesian State Law Review (ISLRev) Vol 6 No 1 (2023): Indonesian State Law Review, April 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68231

Abstract

This study delves into the nuanced discourse surrounding the grace period concerning appeals against decisions rendered by the State Administrative Court (Pengadilan Tata Usaha Negara, PTUN) in Indonesia. Against the backdrop of Indonesia’s evolving legal landscape and commitment to administrative justice, this research critically examines the existing grace period and its implications for litigants, judicial efficiency, and the broader pursuit of fairness. The study considers perspectives from legal scholars, practitioners, and policymakers within the Indonesian context, assessing the necessity and efficacy of the current grace period. Additionally, the research explores comparative legal frameworks, offering insights into how other jurisdictions navigate the delicate balance between finality in administrative decisions and ensuring access to justice. Through case studies and empirical analysis, the study evaluates the practical impact of the grace period on the Indonesian legal system. It aims to identify potential areas for improvement and inform discussions on legal reforms that align with Indonesia’s commitment to enhancing governance, rule of law, and the overall administration of justice. By engaging with Indonesia's unique administrative and legal challenges, this research contributes not only to the academic discourse but also holds practical implications for legal practitioners, policymakers, and stakeholders involved in shaping the country’s legal framework. Ultimately, the study aspires to be a catalyst for informed discussions and potential reforms that will strengthen the Indonesian State Administrative Court system, fostering a more equitable and efficient dispensation of administrative justice.
E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law Setiawan, Hafizh Daffa; Erhuma, Mohammed; Holish, Amarru Muftie
Indonesian State Law Review (ISLRev) Vol 6 No 1 (2023): Indonesian State Law Review, April 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68232

Abstract

This study on the legitimacy mechanisms of electronic evidence within the State Administrative Procedure Law is intrinsically connected to Indonesia’s ongoing efforts to modernize its legal landscape. The acknowledgment of electronic information and documents as valid evidence aligns with Indonesia’s commitment to adapting its legal framework to the digital era. The legal issues explored within the context of the E-Court paradigm shift resonate with Indonesia's broader initiatives to enhance judicial efficiency and access to justice. As Indonesia grapples with the challenges of incorporating electronic evidence within its administrative procedures, the study sheds light on the specific hurdles faced within the Indonesian legal system. Regulatory complexities and resource constraints resonate with Indonesia’s broader struggle to harmonize its legal infrastructure with the demands of the digital age. Moreover, the study emphasizes the importance of a proportionate mechanism in addressing legitimacy concerns, aligning with Indonesia’s commitment to fostering a fair and balanced legal environment. The conclusion highlighting the critical role of the validation process reflects Indonesia’s dedication to ensuring the integrity and reliability of electronic evidence within the legal proceedings.
Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute Syah, Ary Muktian; Herlambang, Pratama Herry; Wedhatami, Bayangsari; Marco, Chirstoverus
Indonesian State Law Review (ISLRev) Vol 6 No 2 (2023): Indonesian State Law Review, October 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68233

Abstract

This study provides an overview of the state administrative law dispute surrounding the granting of clemency to Antasari Azhar, a prominent figure involved in a high-profile legal case. The controversy stems from the exercise of executive power and the application of clemency within the framework of state administrative law. Antasari Azhar, a former Indonesian Corruption Eradication Commission (KPK) chairman, was convicted in a notable corruption case. Subsequently, his request for clemency sparked debates, legal challenges, and concerns about the integrity of the administrative process. This study delves into the legal dimensions of Antasari Azhar’s clemency case, examining the constitutional and administrative law aspects involved. Key issues include the discretionary powers of the executive in granting clemency, the potential influence of political considerations, and the adherence to legal procedures during the decision-making process. The research aims to shed light on the broader implications of this case for the rule of law, the separation of powers, and the accountability of public officials. Through a comprehensive analysis of relevant legal frameworks, court decisions, and scholarly perspectives, this study seeks to contribute to the understanding of the complex interplay between executive powers and the legal principles governing clemency in the context of state administrative law. Furthermore, it addresses the implications of such disputes for the overall legal and political landscape, emphasizing the importance of transparency, due process, and accountability in the exercise of executive clemency.
Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era) Al Ikhsan, Andrean; Wibowo, Rachman Adi
Indonesian State Law Review (ISLRev) Vol 6 No 2 (2023): Indonesian State Law Review, October 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68235

Abstract

Amid the global upheaval caused by the Covid-19 pandemic, this study navigates the challenges presented by the perilous situation, focusing specifically on the transformation of legal proceedings. The pandemic, posing risks to public health, compelled the imposition of widespread restrictions, limiting various community activities and direct interactions. This shift had profound implications for the justice system, prompting a departure from the conventional practice of open and in-person court proceedings. In response to these unprecedented circumstances, the legal arena saw the emergence of online courts, commonly known as e-courts, as an alternative to traditional court setups. The study seeks to critically examine the effectiveness and legitimacy of e-courts during this tumultuous period. Utilizing a literature study method, the research delves into relevant books and literature, emphasizing the collection of data to assess the harmony between legal court proceedings and information technology in the context of the pandemic. The primary goal is to scrutinize the polemics and challenges surrounding the implementation of e-courts, particularly in the State Administrative Court. As the study unfolds, it reveals a nuanced perspective on the harmonization of legal courts and information technology during the Covid-19 pandemic. The discussion extends to the legitimacy of proof in e-court trials, with a specific focus on the State Administrative Court. The analysis underscores the necessity of maintaining a balance between conventional and electronic trial methods to ensure a comprehensive and reliable legal system. In addition, the research contends that despite the convenience offered by e-courts, doubts persist regarding the legitimacy of evidence presented in electronic trials, particularly in the administrative context. The findings contribute valuable insights that can inform future legislative efforts, guiding the harmonization of legal courts and information technology. Ultimately, the study aims to foster the development of a robust legal framework that addresses the polemics surrounding e-court trials, enhancing their legitimacy and efficacy in the ongoing and post-pandemic era.
The Legitimacy of Letters as Evidence in the E-Litigation Proof System within the State Administrative Court Bernadika, Shannon Rosemary; Afriyie, Frederick Appiah
Indonesian State Law Review (ISLRev) Vol 6 No 2 (2023): Indonesian State Law Review, October 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68236

Abstract

This study delves into the legitimacy of employing letters as evidence within the E-Litigation Proof System at the State Administrative Court (PTUN) against the backdrop of the digital 4.0 era’s transformative influence. The Indonesian government's introduction of electronic justice (e-Litigation or e-Courts) marks a significant paradigm shift, fundamentally altering trial procedures at PTUN. Employing a juridical-normative research method with a qualitative nature, this investigation utilizes conceptual and historical approaches to scrutinize the implications of the e-Litigation system. Secondary data sources, encompassing regulations, literature, and relevant documents, form the basis for analyzing the profound changes in courtroom proceedings and their impact on validating documentary evidence. The findings underscore a pivotal transition from traditional to electronic trials, fostering the electronic submission and exchange of documents. However, the implementation of the e-Litigation evidentiary system has sparked discussions, particularly concerning the legitimacy and challenges associated with proving letters as evidence, particularly in the initial stages of the process. This exploration of the legitimacy of letters as evidence within the e-Litigation context contributes significantly to the ongoing discourse on the modernization of legal proceedings. It sheds light on the evolving nature of evidentiary practices in the digital age, specifically within the State Administrative Court. The study thus offers valuable insights into the intersection of technology and justice, providing a nuanced understanding of the complexities surrounding the utilization of electronic evidence in contemporary legal systems.
Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government Aime, Andrianantenaina Fanirintsoa; Aji, Pradistya Purnama
Indonesian State Law Review (ISLRev) Vol 6 No 2 (2023): Indonesian State Law Review, October 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68239

Abstract

The evolution of the State Administrative Court’s authority in adjudicating factual legal actions involving government entities represents a dynamic facet of administrative law. This paper aims to explore and interpret the nuanced expansion of the State Administrative Court’s jurisdiction in handling cases related to factual legal actions initiated by the government. Through an in-depth analysis of legal precedents, legislative developments, and judicial interpretations, the study navigates the evolving landscape of administrative law. The paper delineates the historical context and legal frameworks that have shaped the State Administrative Court's jurisdiction, emphasizing its pivotal role in ensuring governmental accountability. It investigates the implications of the broadened scope of authority on the court's adjudicative processes and the overall legal landscape. Furthermore, the research scrutinizes key cases to illustrate how the court’s expanded jurisdiction impacts the resolution of factual legal actions involving government entities. By examining the interplay between legislative intent, judicial reasoning, and practical implications, the paper provides insights into the complexities and challenges associated with this expanded mandate. The findings underscore the significance of a judicious balance between the State Administrative Court’s authority and the imperative to maintain government efficacy. Additionally, the paper contributes to the ongoing discourse on administrative law by offering a comprehensive interpretation of the expanding role of the State Administrative Court in the adjudication of factual legal actions initiated by the government. In conclusion, this paper enhances our understanding of the evolving dynamics within administrative law, shedding light on the implications and intricacies surrounding the State Administrative Court’s extended authority in addressing factual legal actions involving government entities.

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