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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 5 No 2 (2022)" : 5 Documents clear
PENUNDAAN PELAKSANAAN (SCHORSING) KEPUTUSAN TATA USAHA NEGARA PADA PUTUSAN NOMOR 74/G/2014/PTUN-BDG Santi Hapsari Dewi Adikancana; Ladyva Rizqina Dinissa; Amanda Khoirunnisa S; Fauziyah Rahmah Izzati
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.137-158

Abstract

The Procedural Law of the State Administrative Court is a pure law which means that there is no obstacle in implementing the State Administrative Decision (KTUN) if the KTUN is sued. However, the Plaintiff can apply to postpone the disputed KTUN as compensation during the examination. The research method of this journal is normative juridical and qualitative descriptive with analytical theory. Since the issuance of the Judicial Administration Law, there have been several developments in delaying the implementation of a decision, especially in its mechanism. There are several factors that become the basis for the judge's consideration in granting a request for a postponement of the implementation of a decision, this is regulated in Article 67 of Law Number 5 of 1986, one of which is the very urgent interest of the Plaintiff. This is because the Plaintiff will suffer huge losses if the decision being sued is issued.
KOMPETENSI ABSOLUT PERADILAN TATA USAHA NEGARA DALAM SENGKETA TANAH TERHADAP SERTIFIKAT HAK ATAS TANAH Onma Ezra Rodi Aprilo; Langgam Ihutan; Eric Halomoan; Anandersah Sinaga; Santi Hapsari Dewi Adikancana
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.159-174

Abstract

The purpose of this article is to knowing how the absolute competence of the State Administrative Court in Indonesia is and how the competence of the State Administrative Court is if there is a land dispute over land rights certificates. This article was compiled using 2 (two) types of approaches, namely the normative approach and the historical approach where this article is a normative research article. Based on the results of the discussion analysis, the absolute competence of the State Administrative Court is the authority to examine, decide, and resolve state administrative disputes where there are existing restrictions.
PENERAPAN CITIZEN LAWSUIT TERHADAP SKEMA GUGATAN OBJEK GUGATAN KEBIJAKAN KEMENTERIAN PANRB TERKAIT TENAGA HONORER DALAM LINGKUP PERADILAN TATA USAHA NEGARA Adzra Arvianda; Annastasya Divana P M; Hanuun Zainum A; Santi Hapsari Dewi Adikancana
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.95-116

Abstract

Law No. 5 of 2014 regulates the legality of Honorary Personnel as non-ASN employees. In essence, there are provisions regarding the appointment of honorary personnel to become civil servants with conditions that must be met. Moreover, the problem continues when the number of Honorary Personnel in Government Agencies increases and disrupts the balance of the arrangement of human resources (HR) of the apparatus in each of these agencies. As a settlement effort, the PANRB Ministry issued the PANRB Ministerial Letter Number B/185/M.SM.02.03/202 which emphasized the provisions of PP. 49 of 2018. This becomes an interesting topic when it is associated with the issue of the rights of Honorary Personnel and the application of the Citizen Lawsuit lawsuit to the Administrative Court. This writing uses a normative research method with a literature study which is then analyzed qualitatively and conclusions are drawn using the inductive method. The conclusion that was found was that the Honorary Personnel had the right to file a lawsuit with the Administrative Court because the object of the disputed letter included the State Administrative Court. However, Citizen Lawsuit is not optimal enough as a scheme for filing a lawsuit and it is better to use ordinary legal practices. Keywords : citizen lawsuit, state administrative courts, honorary staff
ASAS IN DUBIO PRO NATURA DALAM SENGKETA TATA USAHA NEGARA LINGKUNGAN HIDUP: KONSEP DAN IMPLEMENTASINYA Endri
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.117-136

Abstract

Besides the general principles of good governance (AAUPB) as a measuring instrument for adjudicating cases in the context of environmental administration disputes, there is also In Dubio Pro Natura principle. This study aims to describe the concept and the implementation of In Dubio Pro Natura principle as one of the particular principles known in environmental disputes. To analyze these legal issues, this study will explain the definition and scope of In Dubio Pro Natura principle and how it is applied in the environmental administration case process. This study is important considering that the largest part of environmental law is administrative law so that the Administrative Court plays a major role in the environmental law enforcement process. A complete understanding of the concept of In Dubio Pro Natura principle can influence the process of environmental administration law enforcement by the Administrative Court. The result of this study concludes that In Dubio Pro Natura principle is understood as a concept as well as a guide for judges in examining, deciding, and resolving environmental disputes. If there are judge's doubts whether in scientific uncertainty or legal uncertainty, then judges must side with the interests of the environment (pro natura). This principle also aims to maximize the existence of scientific evidence and competent environmentalists at the proof stage and make a legal invention by applying the principles of environmental policy.
WACANA PEMBERIAN KEWENANGAN FIAT EKSEKUSI KEPADA PENGADILAN TATA USAHA NEGARA ATAS HASIL PENYELESAIAN SENGKETA ADMINISTRASI PEMERINTAHAN DI LUAR PENGADILAN Muhammad Adiguna Bimasakti
Jurnal Hukum Peratun Vol 5 No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.522022.175-206

Abstract

The existence of institutions outside the state administrative courts that have the authority to resolve government administrative disputes has in recent years caused several problems. Among them are regarding the implementation or execution of the results of dispute resolution which mechanism is not clear. Finally, some parties tried to evade law (Fraude la lois) on the process of implementing the results of the settlement of administrative disputes outside the court, for example by filing a lawsuit regarding government's real act in the administrative court, when in fact the object of the dispute was not a real act. This kind of legal evading practice, if left unchecked, can disrupt the legal system of administration, including the procedural law of the administrative court, so it must be accommodated in formal administrative law (procedural law) appropriately. Because in fact, if it is not properly regulated in formal law, this will become a continuous polemic. One of the solutions offered in this paper is to add the authority of the administrative court as the giver of fiat execution for the implementation of the results of the settlement of administrative disputes that have been settled out of court based on statutory regulations. Among them are the fiat execution of the results of administrative proceedings, the implementation of the Ombudsman's recommendations and the implementation of the Ombudsman's decision.

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