The Expansion of Administrative Decision Meaning Based on Government Administration Law: a Dispute Submission Process Approach

Wairocana, I Gusti Ngurah; Sudiarta, I Ketut; Layang, I Wayan Bela Siki; Sudiarawan, Kadek Agus; Pramana, I Gede Pasek

doi:10.24843/jmhu.2019.v08.i01.p02

Cited by 3 publications

(3 citation statements)

References 2 publications

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“…The conditions for an object to be the object of a dispute are limited to a written decision issued by a state administrative entity/official, constituting an act of state administrative law based on relevant legal regulations; concrete, individual, and final; and generating legal consequences for an individual or civil legal entity. 40 Meanwhile, in general, Dutch administrative courts are regulated in GALA. To be able to file a lawsuit at the Dutch SAC, three things need to be fulfilled, namely 1) administrative decision, 2) administrative authority, and 3) interested parties.…”

Section: Comparing Administrative Discretion In Indonesia and Netherl...mentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

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Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.

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Section: Comparing Administrative Discretion In Indonesia and Netherl...mentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

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“…Hal ini mengakibatkan kendala-kendala praktis justru terjadi karena adanya kontradiksi-kontradiksi antara UU Administrasi Pemerintahan dengan UU Peradilan Tata Usaha Negara itu sendiri. 36 Terdapat permasalahan teoritik hukum terkait ketentuan mana yang kemudian berlaku ketika terdapat dua peraturan perundang-undangan mengatur berbeda atas suatu ketentuan terkait Sifat Fiktif KTUN.…”

Section: Kelemahan Dan Kendala Yang Dihadapi Hakim Peradilan Tata Usaha Negara Dalam Pemanfaatan Lembaga Fiktif Positif Pada Praktikunclassified

Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif

Wairocana¹,

Layang

Sudiarta

et al. 2021

JHP

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After the enactment of the Law of Government Administration, had implied to shifting paradigm concerning the regime of Administrative Decision from negative fictive became positive fictive. However, the regulation into Law of Government Administration contains several obstacles on pratical scope towards Administrative Court Judges. Meanwhile enactment of Supreme Court regulation however Adiministrative Court Judges searching the suitable method after implication of positive fictive regime in the Administrative Procedural Law System. This study aims to analyze and discuss concerning obstacles and method by the Administrative Court Judges solving the practical obstacles after enactment of the Law of Government Administration. This study results is presented in a descriptive analysis paper.

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“…39 The object of the lawsuit from the citizen lawsuit can be in the form of a petition for the government to issue a policy and/or in the form of a petition for the government to issue laws and regulations to carry out the mandate of the law. 40 (Wairocana, 2019b). As in the Available online at http://journal.unnes.ac.id/sju/index.php/jils previous Indonesian jurisprudence, the citizen lawsuit was tried and decided in a district court.…”

mentioning

confidence: 99%

Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law

Sudiarawan

Karunian²,

Mangku³

et al. 2022

JILS

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Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.

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The Expansion of Administrative Decision Meaning Based on Government Administration Law: a Dispute Submission Process Approach

Cited by 3 publications

References 2 publications

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif

Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law

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