Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : Jurnal Hukum Peratun

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