The Urgency to Establish State Administrative Court to Actualize the Concept of State Law in Indonesia

Abstract

One characteristic of state law in Indonesia is the effectiveness of the administrative court, particularly the State Administrative Court (PTUN-Peradilan Tata Usaha Negara). However, the establishment, which was officially issued in Law number 5 of 1986, was brought about in 1991. It means that state administrative court was applied 46 years after Indonesia declared to be a state law. The research aims to know the urgency of State the establishment of State Administrative Law from the state law point of view. The studies applied the normative juridical method by analyzing the effective regulations to answer the research in question. The fact shows that it is an urge to establish state administrative court in Indonesia. It should have been carried out since the declaration of independence in 1945. The delay indicates that the government sees it as unnecessary to set up a state law. it is required to prevent the violation of the rights of Indonesian people by those holding the authority.

The Good Governance Principle in Fictitious-Positive Case Applications After the Job Creation Law

“…The control of the state to run its administration, tasks, and responsibilities is based on the standards or norms that are in place and agreed upon within the purview of the state authority. Indonesia, for example, has agreed to be the state of law as set forth in the Constitution of the state (Asmorojati, 2020). This fundamental agreement requires all the administrative processes taking place in the state to be lawful and to be based on the law.…”

Peran Hukum Administrasi Negara Dalam Pemberantasan Korupsi Di Indonesia

“…Artinya, PNS diangkat ke jabatan politik karena pilihan politik (kecuali Menteri) seperti: menjadi Hakim Agung, anggota DPR, DPR, KPU, Komnas HAM, Kepala Daerah, dan sebagainya harus diberhentikan sebagai pegawai negeri sipil selama masa jabatan yang ditetapkan mereka menduduki jabatan itu. Dengan demikian PNS tetap profesional (Asmorojati, 2020).…”