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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 4 No 2 (2021)" : 5 Documents clear
HUKUM DAN MORAL DALAM ADMINISTRASI PEMERINTAHAN DI INDONESIA Eka Sophia Fitri
Jurnal Hukum Peratun Vol 4 No 2 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.422021.157-170

Abstract

Law and morals are often strictly separated from each other in the modern legal thought of the Kelsenian model. However, its development shows that law is not always separated from morality. Even morality can be used as the basis for the formation of law, although this is not always the case. The writing method used in this research is a normative juridical approach using a statutory approach and a conceptual approach. This paper uses the legal-normative method, namely an approach based on legal materials by examining concepts, theories, legal principles, and legislation, as well as literature related to writing. This paper finds that even in the realm of public law, namely the law of government administration, good morality (goede zeden) is used as the legal basis for the legality of government actions which are positivised in laws and regulations and embodied in the form of general principles of good governance (AUPB).
PERMASALAHAN ASPEK FORMIL PENYELESAIAN SENGKETA PEMBATALAN PENETAPAN CALON ANGGOTA DPR DAN DPRD KABUPATEN/KOTA/PROVINSI TERPILIH Muhammad Adiguna Bimasakti
Jurnal Hukum Peratun Vol 4 No 2 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.422021.105-122

Abstract

Law No. 7 of 2017 concerning General Elections (General Elections Act) stipulates that the General Election Commission (KPU) has the authority to determine the elected participants in the Election of Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative. The General Elections Act also regulates how the process of resolving disputes over the election process and disputes over election results. However, in the event of cancellation or change in the Decision regarding the elected Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative by KPU, in the event of a dispute, General Election Act doesn't regulate the dispute resolution process. Thus, this paper tries to explain this problem. The writing method used in this research is a legal-normative approach using statutory approach and conceptual approach. The results of the study indicate that KPU has the authority to resolve disputes over the cancellation or change in the Decision regarding the elected Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative according to Law no. 30 of 2014 concerning Government Administration, namely through administrative proceedings in the form of administrative objection even though the General Election Act doesn't regulate it, then proceed to an administrative appeal to the KPU's superior. The Administrative Court is also authorized to adjudicate the dispute as an administrative dispute as regulated in the laws and regulations related to the procedural law of the administrative court.
TANTANGAN EKSEKUSI PUTUSAN PENGADILAN DALAM MEMPERKUAT KEWIBAWAAN PERADILAN TATA USAHA NEGARA Dikdik Somantri
Jurnal Hukum Peratun Vol 4 No 2 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.422021.123-140

Abstract

Law No. 51 of 2009 concerning the Second Amendment to Law no. 5 of 1986 concerning the Administrative Court (Administrative Court Act) stipulates that there are two types of execution of administrative court decisions, namely automatic execution, and hierarchical execution. In hierarchical execution, legal awareness is needed from the government to carry out court decisions. Often the government is unable or unwilling to implement these decisions for various reasons. This paper uses the Legal-normative method, which is an approach based on legal materials by examining concepts, theories, legal principles and legislation, as well as literatures related to the object of writing. In this paper, it is found that there are decisions of administrative courts that cannot be implemented/executed (non executable) because of the poor quality of the decisions, and because of changes of circumstances. The challenges faced in establishing the administrative court's power and charisma by implementing its decisions according to the legal system theory approach are: 1.) the existence of floating and counterproductive norms, as well as non-executable decisions (sub-system of legal substance); 2.) the absence of officials specifically authorized to enforce implementation of court's decisions (sub-system of legal structure), and 3.) low public trust for the courts (sub-system of legal culture).
TINJAUAN YURIDIS IMPLEMENTASI UANG PAKSA (DWANGSOM) DI PERADILAN TATA USAHA NEGARA Bambang Heriyanto
Jurnal Hukum Peratun Vol 4 No 2 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.422021.141-156

Abstract

The procedural law of the administrative court regulated in Law no. 5 of 1986 concerning the Administrative Court as the latest change in Law no. 51 of 2009 concerning the Second Amendment to Law no. 5 of 1986 concerning the State Administrative Court (Law on the State Administrative Court) stipulates that there is a forced effort to execute the decision of the state administrative court, one of which is in the form of forced money (dwangsom). However, the problem in its implementation is that there are no laws and regulations that regulate the procedure for imposing forced money and regarding the amount so that in practice there are still very few courts that apply forced money as an effort to force the implementation of state administrative court decisions. This paper attempts to provide an overview and solutions to these problems, including providing a comparative picture of the regulation of forced money in several countries. The writing method used is a legal-normative method, namely by using library data related to forced money in state administrative courts, and related laws and regulations.
OTONOMI PENGELOLAAN KEUANGAN PADA PERGURUAN TINGGI NEGERI BADAN HUKUM Ryan Surya Pradhana
Jurnal Hukum Peratun Vol 4 No 2 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.422021.171-190

Abstract

After promulgation of The Law of Republic Indonesia No. 12 Year 2012 on Higher Education, State College with Legal Entity (PTN-BH) has an authority to conduct its own institutional management which is not only academic autonomy, but also non-academic autonomy too, where that financial management autonomy is included. For this reason, this paper was made in order to examine the extent of financial management autonomy in PTN-BH. The writing method used in this research is a normative juridical approach using a statutory approach and a conceptual approach. This paper uses the legal-normative method, namely an approach based on legal materials by examining concepts, theories, legal principles, and legislation, as well as literature related to writing. It is found in this writing that the PTN-BH’s autonomy of financial management is distributed by delegation authority scheme based on PTN-BH statute. One of critical point from the regulation is the separation of PTN-BH’s wealth of the country’s wealth which is cause a genuine legal concequences on various aspect.

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