Jurnal Hukum IUS QUIA IUSTUM
Vol. 26 No. 3: SEPTEMBER 2019

Problem Teoritik Dan Implikasi Praktis Atas Perubahan Keputusan Tata Usaha Negara

Tohadi Tohadi (Fakultas Hukum Universitas Pamulang)
Frieda Fania (Fakultas Hukum Universitas Pamulang)
Dadang Gandhi (Fakultas Hukum Universitas Pamulang)



Article Info

Publish Date
17 Feb 2020

Abstract

The change in the meaning of the State Administration Decree (KTUN) as stipulated in Article 87 of the Government Administration Act raises academic questions when the change had not been made through the amendment to the PTUN Law. This study discusses first, analysis on the change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the theory of repeal and changes in legislation. Second, change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the principles of the statutory rules. Third, implications of changing the meaning of KTUN according to Law No. 30 of 2014 against the absolute competence of PTUN. This is a normative study with qualitative analysis. The results of the study concluded, firstly, based on the theory of changes in legislation, the amendment to the provision of KTUN is not at all appropriate. Because it is done through a law that (the substantive content) is different. Second, the principles of statutory rules, namely lex specialis derogat legi generali, and lex posteriori derogat priori legi are not applicable to the enactment of Article 87 of Law No. 30 of 2014. Third, amendment to the provision of the KTUN according to Article 87 of Law No. 30 of 2014 has expanded the absolute authority of the PTUN to examine, to prosecute, and to decide the unlawful acts committed by the state officials that were previously the authority of the general court.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...