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INDONESIA
Jurnal Hukum Peratun
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 26155222     EISSN : 26155230     DOI : https://doi.org/10.25216/peratun.%v%i%Y.%p
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of articles published in this journal discusses various topics in the field of Administrative Law and other sections related to contemporary problems in administrative law such as: tax law, land law, environmental law, labor law, government law, Regional Government Law, Health Law, Agrarian Law, Public Policy Law, Natural Resources Law and Judicial Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 3 No 1 (2020)" : 5 Documents clear
KEPUTUSAN TATA USAHA NEGARA YANG BERPOTENSI MENIMBULKAN AKIBAT HUKUM SEBAGAI OBJEK SENGKETA DI PENGADILAN TATA USAHA NEGARA Muhammad Amin Putra
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.1-18

Abstract

Since the enactment of Law No. 30 of 2014 concerning Government Administration, there have been many dynamics of changes in judicial practice in state administrative courts, especially in relation to the object of dispute. One of them is regarding Decisions with Potential Legal Consequences as regulated in Article 87 of the Government Administration Law. The problems that arise are related to the accountability of officials, and also to the declarative decisions and constitutive decisions that are regulated in Article 54 of the Government Administration Law. In this paper it is found that officials who issue declarative decisions are not necessarily free from administrative responsibility and the validity of their decisions is determined by the validity of constitutive decisions (as decisions that have the potential to have legal consequences) on which the declarative decisions are issued. This paper uses a normative-legal research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literatures.
PLURALISME HUKUM INDONESIA BAGI HAKIM TATA USAHA NEGARA: ANTARA TANTANGAN DAN PELUANG Endri Endri
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.19-34

Abstract

This research is explaining the challenges and opportunities for the resolution of administrative disputes by administration judges as executors of the judicial authority to examine, decide and resolve disputes in the reality of legal pluralism in Indonesia. To analyze the legal issues, this research presents the concepts of legal pluralism and then sees how the implications for the implementation of the authority of administration judges in the process of dispute resolution. This study is important because law enforcement and justice by the judiciary in the midst of legal pluralism have provided challenges and opportunities for judges in order to ensure court decisions are able to answer legal needs and provide substantive justice for justice seekers.
PENILAIAN TERHADAP BATAL ATAU TIDAK SAHNYA SUATU KEPUTUSAN DAN/ATAU TINDAKAN ADMINISTRASI PEMERINTAHAN Hidayat Pratama Putra
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.35-50

Abstract

The concept of Nullity (Nietigheid) is very important in administrative law because of the validity of a government act (bestuurshandelingen) either in the form of a decision (besluit) or in the form of an action (Feitelijk Handelingen) depends on the existence of the doctrine regarding Nullity. Since when is a decision declared invalid, and what are the legal consequences, if this is answered by the existence of this Nullity doctrine. Law No. 30 of 2014 concerning Government Administration, has more or less changed the paradigm regarding the teachings of annulment from the one held by administrative law experts in Indonesia, especially with regard to the doctrine of abuse of power, which is regulated in several articles in the Government Administration Law. In this paper, it is found that government decisions and/or actions that are canceled or declared invalid have different consequences. This paper uses a normative juridical research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literature.
PEMAKZULAN ANGGOTA MWA UI UNSUR MAHASISWA DARI PERSPEKTIF HUKUM ADMINISTRASI NEGARA Muhammad Adiguna Bimasakti
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.51-70

Abstract

Law No. 12 of 2012 regarding Higher Education constitute that Higher Education Institution is required to have a Organizing Organization(s) of Higher Education. Universitas Indonesia (UI) as a State University which was regulated in Government Regulation No. 68 of 2013 regarding the Statute of the University of Indonesia (Statute of UI) has a Board of Trustees of the University of Indonesia (MWA UI) which is one of the Organizing Organizations of Higher Education in UI. One element in the MWA UI is the student representative element (MWA UI UM) which is elected once a year by all UI students in a democratic way, and is appointed and discharged based on recommendations from the Academic Senate of the University of Indonesia which is then determined through a Ministerial Decision (Ministry of education). But then the Intra-Campus Student Organizations in UI regulate the impeachment mechanism of MWA UI UM beside the election. Does the impeachment of the MWA UI UM by the Intra-Campus Student Organization of UI have a legal impact on the status of the MWA UI UM membership at the MWA UI? Then how is the mechanism of impeachment / dishonorably discharged for members of the MWA UI UM if the proposal for impeachment comes from Student Organizations in UI? These two questions will be discussed in this article. The method used in this paper is literature study about student organizations of UI, and related laws and regulations.
RASIO HUKUM DAN IMPLIKASI HUKUM PENGUJIAN PENYALAHGUNAAN WEWENANG MENURUT PASAL 21 UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN M. Ikbar Andi Endang
Jurnal Hukum Peratun Vol 3 No 1 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.312020.71-96

Abstract

In the context of government action as a center point relate to public law protection, state administration jurisdiction along with its function as “judicature” (justiele functie – judicial function) belongs to characteristic of and/or repressive function. However, norm of Article 21 in Act Number 30 in 2014 about State Administration provide authority to State Administration Court to conduct assessments, whether there is any abuse of authority in decision making and/or administrative action (discretion) requested by an institution and/or an official of government administration, brings legal implication in form of a change in legal politic direction related to law enforcement in corruption crime eradication in this country in forms of preventive efforts, which is similarly as important as the corruption crime eradication itself, because corruption crime prevention is a condition sine qua non in corruption crime eradication. Based on the condition of characteristic and/or functions of state administration judiciary which is not merely repressive (merely functioning as “judiciary”), this writing attempts to provide basic of understanding to the judicial development of state administration along with its preventive roles and functions which are related to law enforcement in corruption crime eradication in forms of or types of state financial lost as it is legally defined in law ratio of norm of Article 21 in Act of government administration.

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