Pengujian Diskresi Pejabat Pemerintahan Berdasarkan UndangUndang Republik Indonesia Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan Di Pengadilan Tata Usaha Negara Pekanbaru

Ngongo, Yusuf (2018) Pengujian Diskresi Pejabat Pemerintahan Berdasarkan UndangUndang Republik Indonesia Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan Di Pengadilan Tata Usaha Negara Pekanbaru. Other thesis, Universitas Islam Riau.

	Text 2 ABSTRACT.pdf Download (163kB)
	Text 3 KATA PENGANTAR.pdf Download (163kB)
	Text 4 DAFTAR ISI.pdf Download (170kB)
	Text BAB I.pdf Download (339kB)
	Text BAB II.pdf Download (388kB)
	Text BAB III.pdf Restricted to Repository staff only Download (568kB) | Request a copy
	Text BAB IV.pdf Restricted to Repository staff only Download (167kB) | Request a copy
	Text DAFTAR PUSTAKA.pdf Download (179kB)

Abstract

Testing of the discretion of government officials has been carried out by the State Administrative Court before discretion is conveyed to the written norm in Law Number 30 Year 2014 on Government Administration, using the doelmatigheid test. But after the discretion has been concretized into law, it is necessary to re-examine the existence of doelmatigheid which has been the central dimension of testing against the use of discretion by government officials. The main problem in this scientific paper is the existence of discretion as the juridical basis of the issuance of KTUN under the Law of Administration and how the dispute resolution process over the discretion and legal reasoning of the TUN Court Judges. This study uses a normative juridical approach in the form of case approach (legal research in concreto), the specification of this research is descriptive and prescriptive analytical, data source secondary data. Analysis of data and methods of drawing conclusions in this paper using interview techniques to the Chairman of the TUN Room of the Supreme Court, the Chairman of TUN Court Pekanbaru, Judge, collects discretionary decisions of government officials, analyzes and finds the legal principles of Decisions that test discretionary decisions . In this study, the data obtained will be analyzed qualitatively, to achieve clarity of the issues to be discussed will be used method of inductive thinking. From the results of the study can be concluded, First, the discretionary Penormaan in the Government Administration Act regulates the principles of discretion, therefore the juridical impact is closely related to the application of discretion in the practice of government. The use of discretion when it harms a civil person or legal entity can then be disputed. The second, discretion (gebonden beschikking), is a KTUN bound in its test using the doelmatigheid approach and does not use rechtmatigheid approach. Third, prior to the discernment of government officials, in judicial practice has been examined, prosecuted, decided and resolved by PERATUN even after the written law existence testing over the discretion of government officials continues to be the cornerstone of the material law to be tested for its validity in PERATUN. The process of dispute resolution on the discretion of government officials is done by PERATUN with regular events as well as quick events and Court Decisions have legal reasoning with legal interpretation based on the existing dispute (by case).

Actions (login required)

View Item