CD Tesis

Reformulasi Pengaturan Putusan Ganti Rugi Dalam Perkara Perbuatan Melanggar Hukum Oleh Penguasa (Onrechtmatige Overheidsdaad) Di Peradilan Tata Usaha Negara

---

It happenedLaw No. 30 of 2014 concerning Government Administration has created a change to the paradigm in procedural law by expanding absolute competence Administrative Court in adjudicating the object of the dispute which includes factual actions and against factual action claims accompanied by claims for compensation as referred to in Article 53 paragraph (1) of the Administrative Court Law, at this time there has not been a government regulation regarding compensation in factual disputes in Administrative Court. The first problem arises, how is the arrangement for compensation in the decision of a case of unlawful acts by the authorities in the State Administrative Court after it comes into forceLaw No. 30 of 2014 concerning Government Administration associated with legal discovery; and Second, how is the implementation of compensation payments based on decisions of the state administrative court in cases of unlawful acts by authorities related to the perspective of legal reform. The method used in this study is normative juridical which focuses on literature studies by conducting research on secondary data related to research. The research specification uses an analytical descriptive method, which describes the applicable laws and regulations and is linked to legal theories in practice concerning the problems studied. The results of the study concluded: First, Disputes on written State Administrative Decisions but also adjudicate factual action disputes (unwritten KTUN). In anticipating this situation, the Supreme Court issued SEMA No. 2 of 2019 which stipulates that the maximum claim for compensation is not limited as stipulated in Government Regulation No. 43 of 1991, and the amount of compensation that can be granted by the Administrative Court depends on the facts of the trial and the judge's wisdom in examining, adjudicating and deciding on the claim for compensation and the judge has a constitutional obligation based onLaw No. 48 of 2009 on Judicial Power to fill the void in statutory regulations by making legal discoveries; And Second, Verdict Administrative Court in the case of factual actions that have legal force still have executorial power and are erga omnes in nature so that anyone who is liable (condemnatoir) have to do it. In the case of implementing a court decision that imposes compensation on TUN bodies/officials, the provisions of Article 116 of the Administrative Court Law shall apply. However, the Government Regulation regarding compensation is as mandatedLaw No. 30 of 2014 concerning Government Administration, has not been formed by the government, if this is connected with the concept of legal reform, the PTUN decision can be used as a reference in terms of the formation of said Government Regulation and derivative laws and regulations at the level of Minister of Finance Decrees and Minister of Home Affairs Decrees regarding procedures for paying compensation for implementing decisions Administrative Court.
Keywords: State Administrative Court, Factual Action, and Compensation.

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

2010242046

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

2010242046

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

ILMU HUKUM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar