2019Journal of Law Policy and GlobalizationOpen access

Obligation in Carrying Out Administrative Effort as a Mean of Legal Protection for Justice Seekers in State Administrative Dispute in East Java

Sudarsono ., Shinta Hadiyantina, Dewi Cahyandari, Syofyan Hadi

Open full text 0 citations

Abstract

One of the spaces to realize legal protection, specifically repressive legal protection, can be performed through legal efforts to court. Legal protection is absolute because it is a space that ensures equal position between people and government in a country. The State Administrative Court has the authority to adjudicate, examine, decide upon and resolve government administrative disputes after administrative efforts have been taken. The court checks, hears, decides, and settles government administrative disputes according to the provisions of the procedural law in force in the court unless it is stated otherwise in the provisions of the applicable laws and regulations. Administrative efforts are one form of legal protection for justice seekers as regulated in Law No. 5 of 1986 concerning State Administrative Court, Law No. 30 of 2014 concerning Government Administration, Supreme Court Regulation No. 6 of 2018 concerning Guidelines for Resolution of Government Administrative Dispute After Taking Administrative Effort, Supreme Court Regulation No. 2 of 2019 concerning Guidelines for Resolution of Disputes over Government Actions and Authority in Judging Unlawful Actions by Government Agencies and/or Officials ( onrechmatige Overheidsdaad ). Keywords: administration, legal protection, justice, state administrative dispute DOI : 10.7176/JLPG/92-11 Publication date: December 31 st 2019

Open-access reader

About this research paper

What this paper is about

One of the spaces to realize legal protection, specifically repressive legal protection, can be performed through legal efforts to court. Legal protection is absolute because it is a space that ensures equal position between people and government in a country. The State Administrative Court has the authority to adjudicate, examine, decide upon and resolve government administrative disputes after administrative efforts have been taken. The court checks, hears, decides, and settles government administrative disputes according to the provisions of the procedural law in force in the court unless it is stated otherwise in the provisions of the applicable laws and regulations. Administrative efforts are one form of legal protection for justice seekers as regulated in Law No. 5 of 1986 concerning State Administrative Court, Law No. 30 of 2014 concerning Government Administration, Supreme Court Regulation No. 6 of 2018 concerning Guidelines for Resolution of Government Administrative Dispute After Taking Administrative Effort, Supreme Court Regulation No. 2 of 2019 concerning Guidelines for Resolution of Disputes over Government Actions and Authority in Judging Unlawful Actions by Government Agencies and/or Officials ( onrechmatige Overheidsdaad ). Keywords: administration, legal protection, justice, state administrative dispute DOI : 10.7176/JLPG/92-11 Publication date: December 31 st 2019

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

One of the spaces to realize legal protection, specifically repressive legal protection, can be performed through legal efforts to court. Legal protection is absolute because it is a space that ensures equal position between people and government in a country. The State Administrative Court has the authority to adjudicate, examine, decide upon and resolve government administrative disputes after administrative efforts have been taken. The court checks, hears, decides, and settles government administrative disputes according to the provisions of the procedural law in force in the court unless it is stated otherwise in the provisions of the applicable laws and regulations. Administrative efforts are one form of legal protection for justice seekers as regulated in Law No. 5 of 1986 concerning State Administrative Court, Law No. 30 of 2014 concerning Government Administration, Supreme Court Regulation No. 6 of 2018 concerning Guidelines for Resolution of Government Administrative Dispute After Taking Administrative Effort, Supreme Court Regulation No. 2 of 2019 concerning Guidelines for Resolution of Disputes over Government Actions and Authority in Judging Unlawful Actions by Government Agencies and/or Officials ( onrechmatige Overheidsdaad ). Keywords: administration, legal protection, justice, state administrative dispute DOI : 10.7176/JLPG/92-11 Publication date: December 31 st 2019

Key concepts: Law, Adjudication, Supreme court, Administrative law, Dispute resolution, Political science, Administrative court, Economic Justice

Related papers

Back to paper searchBrowse research topicsOriginal source
Obligation in Carrying Out Administrative Effort as a Mean of Legal Protection for Justice Seekers in State Administrative Dispute in East Java — Research Paper | ScholarLens