Based on administrative court act, the administrative court is only authorized to hear administrative dispute between individuals or private legal entities against government bodies or official not covering administrative disputes between government bodies or official. Three reasons for the basis of the idea of providing administrative court competencies to try disputes between government agencies or officials. First, the case law of administrative court in administrative cases between government agencies or officials. Second, the philosophy of the existence of judicial power as in institution to resolve dispute that occur within a state. Third, the right of public to know the process of government management and public decision making, including in the event of a dispute and how to resolve it. This public right is based on the principle of openness and the government works in a public space according to public law.
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This thesis is start from opinion that in doing justice power responsibility, The Judge of PTUN all this time is frequently made incompetent penaltys, thought some lawyers.
The example of this incompetent penalty is penalty made with ultra petition. It is important to see whether ultra petition is banned by Undang-Undang Peradilan Tata Usaha Negara, and whether that ultra petition doctrin is applicable for all of judge in all of court. In this case is need to be known, what the consideration for that ultra petition penalty is, so it can be known in what case The Judge of PTUN allowed to give ultra petition penalty.
From these considerations, we can conclude if progresif law enforcement is really exist. This legal research using normative juridical approach method with analitical description research spesification.
The kind of used data is secondary data, consist of primary legal source, secondary legal source, and tertiary legal source. The data collecting techniques used is library research and from collected datas analyzed with normative-qualitative. From the research, it can be concluded that doctrin of ultra petition forbidding for The Judge is not absolutely and common valid. The way The Judge of PTUN did in making ultra petition penalty in principle is the form of progressif law establishment, but whatever the creativity did by the lawyer, nonsense if it is not for actualize substantive justice.
Laporkan Masalah. Abstrak File Pdf This thesis is start from opinion that in doing justice power responsibility, The Judge of PTUN all this time is frequently made incompetent penaltys, thought some lawyers.
Download Tugas Makalah Ptun.docx