scholarly journals Perkembangan Gugatan Perbuatan Melanggar Hukum oleh Pemerintah Pasca-Undang-Undang Nomor 30 Tahun 2014 (Development of Lawsuit for Law Violation by the Government Post Statute/Law Number 30 of 2014)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Bagus Oktafian Abrianto ◽  
Xavier Nugraha ◽  
Nathanael Grady
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Judicial Decision ◽  
Government Administration ◽  
The Past ◽  
Procedural Law ◽  
Good Will ◽  
The Absolute ◽  
The Government

The existence of a lawsuit for unlawful acts by the authorities (onrechtmatige overheidsdaad) is one of the means of providing legal protection for the citizens from actions (handling) carried out by the government. Over time, the concept of onrechtmatige overheidsdaad has develops dynamically. The change in the concept of the State Administrative Decree in Article 87 of Law Number 30 of 2014 concerning Government Administration has caused an onrechtmatige overheidsdaad lawsuit which was once the absolute competence of the District Court, and now became the absolute competence of the State Administrative Court. This research attempts to explain the changes in the regulation and changes in the concept of onrechtmatige overheidsdaad after the enactment of Law Number 30 of 2014. The transfer of authority to examine onrechtmatige overheidsdaad lawsuit from the general court to the state administrative court has various juridical consequences, ranging from changes in procedural law, petitum and posita. One of the important consequences is a change related to the implementation or execution of the judicial decision, where in the past, when an onrechtmatige overheidsdaad lawsuit was an absolute competence of a district court, the implementation of the decision depended on the good will of the government. However, after becoming absolute competence of the Administrative Court, there is a mechanism of forced efforts so that the decision can be carried out by the relevant government agencies (defendants).AbstrakKeberadaan gugatan perbuatan melanggar hukum oleh penguasa (onrechtmatige overheidsdaad) merupakan salah satu sarana pelindungan hukum masyarakat atas tindakan (handeling) yang dilakukan oleh pemerintah. Adapun konsep mengenai onrechtmatige overheidsdaad berkembang secara dinamis dari waktu ke waktu. Perubahan konsep Keputusan Tata Usaha Negara (KTUN) di dalam Pasal 87 Undang-Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan, menyebabkan gugatan onrechtmatige overheidsdaad yang dahulu merupakan kompetensi absolut Pengadilan Negeri, berubah menjadi kompetensi absolut Pengadilan Tata Usaha Negara. Penelitian ini berusaha memaparkan mengenai perubahan pengaturan dan perubahan konsep onrechtmatige overheidsdaad pasca berlakunya Undang-Undang Nomor 30 Tahun 2014. Beralihnya kewenangan untuk memeriksa gugatan onrechtmatige overheidsdaad dari lingkungan peradilan umum ke peradilan tata usaha negara memiliki berbagai konsekuensi yuridis, mulai dari perubahan hukum acara, petitum, dan posita. Salah satu konsekuensi yang cukup penting adalah perubahan terkait dengan pelaksanaan putusan atau eksekusi. Dahulu, gugatan onrechtmatige overheidsdaad merupakan kompetensi absolut pengadilan negeri, sehingga pelaksanaan putusan tergantung dari itikad baik (good will) dari pemerintah. Pasca-beralih ke kompetensi absolut PTUN, terdapat mekanisme upaya paksa agar putusan tersebut dapat dijalankan oleh instransi pemerintah terkait (tergugat).

scholarly journals The Position of the Attorney's Request for Information in Corruption Case Investigation as the Object of the Application for Abuse of Authority in the State Administrative Court (Study of Decision Number: 25 / G / 2015 / PTUN-MDN)

2020 ◽  
Vol 7 (6) ◽  
pp. 590
Author(s):  
Leni Eva Nurianti ◽  
Yuslim Yuslim ◽  
Khairani Khairani
Keyword(s):  
House Of Representatives ◽  
Administrative Law ◽  
The State ◽  
Criminal Proceedings ◽  
Abuse Of Power ◽  
Government Administration ◽  
Procedural Law ◽  
Object Based ◽  
The Absolute ◽  
The Government

The absolute authority of the State Administrative Court in examining, deciding and resolving State Administrative Disputes is based on objects in the form of decisions and / or actions regulated in the State Administrative Court Law (PERATUN Law) and the Government Administration Law (AP Law). In Decision Number: 25 / G / 2015 / PTUN-MDN, the Prosecutor's Request for Information is placed as the object of the request for abuse of authority. Based on these facts, normative legal research is carried out which aims to examine and analyze cases (case approach) with the statute approach and other regulations related to legal issues regarding how the limits of abuse of power are the absolute competence of the State Administrative Court and what is the position. Request for a statement from the Attorney General's Office in investigating corruption cases in the Procedural Law of the State Administrative Court. The conclusion of the research results is that the limit of abuse of power which is the absolute competence of the State Administrative Court is a decision and / or action as normalized in the Administrative Law and the Government Administration Law. The absence of procedural norms on abuse of authority in the Administrative Court Law makes Judges and Lawyers inaccurate in determining the legal basis for placing the Prosecutor's Request for Information as an object in the application for abuse of power when case Number : 25 / G / 2015 / PTUN-MDN is rolling in the Medan State Administrative Court . The norm vacancy is filled by Supreme Court Regulation Number 4 of 2015 which limits the absolute competence of the State Administrative Court in applications for abuse of power after the results of the Supervision of Government Internal Supervisory Apparatus and prior to criminal proceedings. The Prosecutor's Request for Information issued based on the provisions of the Criminal Procedure Code (KUHAP) cannot be placed as an object based on the norms of Article 2 letter d of Law Number 9 of 2004, so the author advises the President and / or the House of Representatives to design amendments to the Administrative Law so that it is harmonious with the new norms presented by the Government Administration Law and it is hoped that Judges and Lawyers as law enforcers and justice carry out the norms of the Law ethically so that they do not get lost in determining the object of the application for abuse of power. 

scholarly journals Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

2020 ◽  
Vol 1 (2) ◽  
pp. 281-285
Author(s):  
I Dewa Gede Sastra Buwana ◽  
I Wayan Rideng ◽  
I Ketut Sukadana
Keyword(s):  
Oil And Gas ◽  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Criminal Sanctions ◽  
Legal Literature ◽  
Legal Sanctions ◽  
The Republic ◽  
The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

scholarly journals PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH

Yuridika ◽  
2018 ◽  
Vol 33 (1) ◽  
pp. 41
Author(s):  
Hari Sugiharto ◽  
Bagus Oktafian Abrianto
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Action ◽  
Research Focus ◽  
Conceptual Approach ◽  
The Public ◽  
Government Administration ◽  
Case Investigation ◽  
Administrative Courts ◽  
The Government

The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts  by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.

scholarly journals Work Relationship Terminated Employees Legal Protection To Get Severance Payment From PT. Kertas Lecess Related To Law Of Bankruptcy And Law Of Labor

2020 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Susilawati Ussy RafaRayya
Keyword(s):  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Economic Aspects ◽  
Economic Point ◽  
Work Relationship ◽  
The Government ◽  
Arbitrary Action ◽  
Debt Payment

This research titled is work relationship terminated employees legal protection to get severance payment from PT. Kertas Lecess related to law of bankruptcy and law of labor. The position of the worker or labor can be seen in two aspects, namely in terms of juridical and socio-economic aspects. From a socio-economic point of view, workers need legal protection from the state for the possibility of arbitrary action by entrepreneur. The form of protection provided by the government is by making regulations that bind workers and employeee, in this case there is Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment Jo. Law Number 13 of 2003 concerning Labor Jo. MK Decision No. 67 / PUU-XI / 2013PT. The regulation is used as a basis for employees of PT. Kertas Lecess to sue the BUMN to be declared bankrupt and responsible for paying severance for its employees. PT. Kertas Lecess is a state-owned enterprise (BUMN), which went bankrupt in September 2019. There are around 1800 workers who must receive termination of employment. The value of severance payment for workers affected by layoffs is around Rp. 300 billion. Employees affected by layoffs protest because they have not received severance payment and even 1,900 employees who have not received their salary for 4 years. PT. Kertas Lecess was decided  bankrupt by the Surabaya Commercial Court as a result of the cancellation of the peace proposal submitted by 15 of his employees on September 25, 2018. With the above considerations, the Panel of Judges of the Surabaya District Court, decided to grant the request for a cancellation of peace (Homologation) and stated that PT. Kertas Lecess is proven guilty of negligence for the non-payment of the salaries of PT. Kertas Lecess employees.

scholarly journals Analysis of Lawsuit Against the Factual Action which Conducted by Military after Law Number 30 Year 2014 Concerning Government Administration

2020 ◽  
Vol 4 (1) ◽  
pp. 17-25
Author(s):  
Wahyu Purnomo ◽  
Rr. Herini Siti Aisyah ◽  
Thoriq Mulahela ◽  
Xavier Nugraha
Keyword(s):  
Paradigm Shift ◽  
District Court ◽  
Short Term ◽  
Conceptual Approach ◽  
Government Administration ◽  
State Administration ◽  
Written Form ◽  
The Absolute ◽  
The Government ◽  
The Military

The enactment of law Number 30 of 2014 on Government Administration has caused a paradigm shift under development of state administration decision (in short term known as KTUN). By virtue of article 87 of Law number 30 year 2014, KTUN was not only on the written form, but it can also be a factual act. This causes a change in the absolute competence of lawsuit on factual actions taken by the government from the district administrative court (PTUN). It is arises a question whether Article 87 of Law number 30 year 2014 also applies to claims for factual actions committed by the military. The formulation of problems in this research are 1) The position of a lawsuit against factual actions committed by the military before Law number 30 year 2014 and 2) the claim position against factual actions committed by the military after Law Number 30 Year 2014. This research is a doctrinal research by using a statute approach and conceptual approach. The result of the analysis found that the KTUN paradigm have change under Law number 30 year 2014, which does not affect the absolute competence of lawsuits for factual actions carried out by military, though a government were excluded as mentioned on Article 2 of Law Number 9 of 2004 on Amendments of Law Number 5 of 1986 concerning State Administrative Court. It was confirmed under Article 87 of Law 30/2014, which grammatically states that the only changes to the KTUN are those in Law 51/2009, Law 10/2004, and Law 5/1986. The application of lex specialist pictured under the act number 30 year 2014 which regulated the administrative decision by the government, however concerning the military only regulated under the act number 31 year 1997. Further, the absolute competence on handling the legal factual action by the military since the implementation of law number 30 year 2014 is still held in the district court.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic's impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country's economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals First Travel Fraud Case and the Legal Protection for the Victims

2021 ◽  
Vol 3 (3) ◽  
pp. 267-280
Author(s):  
Hafizh Siraji
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Material Loss ◽  
The Republic ◽  
Case Number

Fraud committed by PT. First Travel has at least harmed prospective Hajj and Umrah pilgrims as many as 35,000 people, of which the material loss in this case is 500 billion. This is also suspected by the lack of strict regulations made by the state through Law No. 13 of 2008 concerning the implementation of Hajj and Umrah. However, until now the protection for the loss of first travel victims has not been completed, the decision of the Depok District Court with case number 83/Pid.B/2018/PN.Dpk which led to an appeal with case number 3096/K/PID.SUS/2018 decided on January 31, 2019. All assets seized were in accordance with the Decree of the Minister of Justice of the Republic of Indonesia Number M.04.PR.07.03 of 1985 concerning the organization and working procedures of RUTAN and RUPBASAN. This paper is indented to analyze the protection for the victims on the fraud case on PT First Travel Fraud case.

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

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