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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 12 Documents
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Search results for , issue "Vol. 17 No. 1 (2024)" : 12 Documents clear
The Procedural Law of State Administrative Courts As The Rule of Adjudication: Exploring Hart’s Theory Efendi, Aan; Sudarsono
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.11

Abstract

In Hart’s theory, law is a combination of two types of rules: primary and secondary. Primary rules regulate the behavior of individuals or institutions, while secondary rules relate to primary rules, including the rule of recognition to identify the primary rules, the rule of change to modify primary rules, and the rule of adjudication to address violations of primary rules. The law of administrative procedure is an adjudication regulation that resolves violations of primary rules governing the behavior of government organs in administering government. Using a doctrinal legal method, this study explores two problems: the rule of adjudication in Hart’s theory and the procedural law of administrative courts understood as the rule of adjudication according to Hart’s theory. The study results reveal that, first, in Hart’s theory, the rule of adjudication does not stand alone but is, instead, attached to the primary rules, which function to identify violations, adjudicate, and provide punishment or compensation for violations of the primary rules; second, based on Hart’s theory, the procedural law of administrative courts serves as a rule of adjudication for the adjudication process dealing with violations of primary regulations regarding the obligations of government organs in administering government which must be guided by legislation and the general principles of good governance.
Factual Actions as Objects of State Administrative Disputes in State Administrative Courts Following the Issuance of the Job Creation Law Cahyandari, Dewi; Ayub, Zainal Amin; Pratama, Luvieandra; Sudjati, Xaviera Qatrunnada Djana
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.5

Abstract

The State Administrative Court Law currently in force presents contradictions, given that administrative activities represent one of its objects, which are inherently dynamic. This raises a significant question about whether the State Administrative Court Law, enacted in 1986, can still uphold its substantive principles. This study focuses on the discussion of factual actions. The Job Creation Law subsequently removed the determination of fictitious positive cases from the jurisdiction of the State Administrative Court. This study aims to describe, analyze, and disclose the fundamental meaning of factual actions as the objects of administrative disputes in the State Administrative Court. The study employs a normative method with legislative and philosophical approaches. The interpretation of factual actions as objects of administrative disputes in the State Administrative Court, following the issuance of Government Regulation in Lieu of Law No. 2 of 2022, requires that a request to a government official or body not addressed within the stipulated time frame is legally considered de facto granted. It is essential to consider the reality in the field, recognizing that the role of the State Administrative Court remains necessary to ensure legal certainty and protection for individuals or legal entities (Indonesian citizens) who submit requests for decisions to government officials or bodies.

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