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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 67 Documents
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MODERNISASI PERADILAN TATA USAHA NEGARA DI ERA REVOLUSI INDUSTRI 4.0 UNTUK MENDORONG KEMAJUAN PERADABAN HUKUM INDONESIA Supandi
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.124-148

Abstract

Information technology has changed all aspects of human life, including law and government. The transformation of conventional government into electronic government (e-government) is one of the public policy issues that dovelop continuosly in various countries all over the world. In exercising judicial power in Indonesia, Supreme Court has taken an initiative to develop public services through information technology networks by implementation of electronic court system. As one of the judicial institutions under the Supreme Court, the Administrative Court has also modernized the implementation of its duties to enforce law and justice. The modernizations in the Administrative Court include five issues that will be mainly discussed in this research, namely: (1) the development of the authority of the Administrative Court; (2) Progressive decisions in the Administrative Court; (3) Evolution of thought and work culture in the Administrative Court; (4) e-court, paperless and green courts; and (5) Electronic decision and electronic evidence in the Administrative Court.
TANDA TANGAN ELEKTRONIK DALAM PELAKSANAAN TUGAS POKOK DAN FUNGSI LEMBAGA PERADILAN Sudarsono; Abdul Halim
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.149-164

Abstract

One of the important elements in the Electronic Court System (e-Court) is the electronic signature as regulated in article 26 of the Supreme Court Regulation No. 1 of 2019. In addition to the electronic litigation system, electronic signatures will also be very useful in the implementation of basic tasks of the judiciary, both in trial administration and general administration of the court. This research will discuss electronic signature in court administration as the main topic and will be elaborated with several related topics which include the task of the judicial institution, the electronic signature in the judicial system, person in charge of electronic signature in court administration, and the validity of documents with an electronic signature. The result of the research shows that electronic signature is crucial on implementation of court functions which are judicial function, regulatory function, and executive function performed by the court. Electronic signature creates the process of the case, trial, and general administration in court become more effective, efficient, and eco-friendly, and it also will increase public trust and security of the electronic transaction. Judicial documents that are electronically signed by authorized officials have legal force and legal consequences that can be used for legal remedies, evidence, and so on. For these reasons, it is necessary for the Supreme Court issuing the regulation on the implementation of electronic signatures in judicial institutions in performing their main tasks and functions.
RESTATEMENT TENTANG YURIDIKSI PERADILAN MENGADILI PERBUATAN MELAWAN HUKUM PEMERINTAH Enrico Simanjuntak
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.165-190

Abstract

Administration Act concerns the extent to which the scope of court jurisdiction relating administrative torts (onrechtmatige overheidsdaad), as intended in Article 1365 of the Civil Code. There are at least two different views on the issue. First, administrative court mutatis mutandis has the power to resolve the case relating onrechtmatige overheidsdaad, this view is represented by Supreme Court Circular No. 4/2016. A different view holds that the onrechtmatige overheidsdaad act is a genus whereas the factual act as referred to UUAP is a species. This second view is not mutatis mutandis transferring the authority of civil judges to administrative court try the onrechtmatige overheidsdaad case. This difference of opinion is important to be studied more thoroughly to know the real issue of the different views.
PENERAPAN HUKUM PENGADAAN BARANG/JASA PEMERINTAH SEBAGAI SENGKETA TATA USAHA NEGARA Febby Fajrurrahman
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.191-212

Abstract

Goods/Services Procurement is one kind classifications of state administrative disputes whose resolutions are often incomplete, and even do not provide benefits for those who submit them. It's affected by long trial time compared to the short duration of the procurement process and the implementation of government projects, as well as a different paradigm of Administrative Judges addressing the context of Goods/ Services Procurement as a rule of public law or private law. Synchronizing the paradigms about the legal context in the procurement of goods/services among the Administrative Judges, are vital for the benefit and certainty of law in the settlement of administrative disputes over goods/services procurement.
PENYELESAIAN SENGKETA DI OMBUDSMAN DAN DI PENGADILAN MENGENAI GANTI KERUGIAN DALAM PELAYANAN PUBLIK Muhammad Adiguna Bimasakti
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.213-234

Abstract

Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation disputes in public services that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.
WEWENANG KEPALA DAERAH DALAM PENGELOLAAN BADAN USAHA MILIK DAERAH Ryan Surya Pradhana
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.235-258

Abstract

Law Number 23 of 2014 concerning Regional Government divides Regional-Owned Enterprises into Regional Public Companies and Regional Companies. The Regional Government Law divides government affairs into three classifications, namely absolute government affairs, concurrent government affairs, and general government affairs. Furthermore, government authority is the right and obligation of the government in carrying out government actions or actions as regulated in Article 1 point 6 jo. Article 17 through Article 19 jo. Article 1 point 8 of the Government Administration Law. Regional government authority is the implementation of government affairs as regulated in Article 1 point 5 of the Regional Government Law, which states that government affairs are governmental powers which are the authority of the President whose implementation is carried out by state ministries and administrators of Regional Governments to protect, serve, empower and prosper the community, among others through the establishment of Regional owned enterprises. Regional-owned enterprises are established through regional regulations based on regional needs and business field feasibility. Regional needs are assessed through studies covering aspects of public services and community needs. Meanwhile, the feasibility of the business sector of Regional Owned Enterprises is studied through analysis of economic feasibility, market and marketing analysis, financial feasibility analysis, and analysis of other aspects. Analysis of other aspects contains aspects of laws and regulations, availability of technology, and availability of human resources.
ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PEMIKIRAN RAJA ALI HAJI Pery Rehendra Sucipta; Rilo Pambudi S
Jurnal Hukum Peratun Vol 2 No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.222019.259-274

Abstract

This brief writing tried to challenge the old thinking that led everyone to the Raja Ali Haji figure as a literary and cultured man in the 19th century of the Malay Kingdom of Riau-Lingga. Whereas he was a multidisciplinary of science, who also included the politics, government, and constitutional law. His expertise on that subject was inseparably based on his experience as a kingdom adviser. As well as two books that specifically containing a law thought that are Muqaddimah fi Intizam and Tsamarat Al-Muhimmah. This study uses a normative juridical approach with the quality of research is analytic descriptive. The studies explain that: First, the legitimacy of Raja Ali Haji as a jurist, among other things: Gurindam Dua Belas is not a mere literacy work, it also includes the idea of contitutional law; the kingdom adviser; and review of his books. Second¸the general principles that are included in Muqaddima fi-Intizam and Tsamarat al-Muhimmah include the principle of consensus, the principle of prudence, the principle of juctice, the principle of unfairness, the principle of professionality, the principle of accountability, the principle of legality, the principle of public interest, and the principle of not mixing authority.
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.

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