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The Effectiveness Of Administrative Review In Indonesia’S Administrative Court System

Authors: Umar Dani;

The Effectiveness Of Administrative Review In Indonesia’S Administrative Court System

Abstract

This research aims to describe the use of administrative review in Indonesia. There are two rules of administrative review: administrative review according to Act Number 5 Year 1986 on State Administrative Judicial Action, and administrative review according to Act Number 30 Year 2014 on Government Administration. Both of these rules contradict each other and are equally authorized at the same time, and thus, in practice, we must determine which regulation is the most appropriate to use as a legal basis. This study analyzes the use of administrative review and its effectiveness in providing legal protection. To discuss these issues, the researcher has used normative or dogmatic legal research method. The results of the study show that in general, administrative review procedure has applied the system as determined in Act Number 30 Year 2014 on Government Administration, except those specifically regulated by Act No 5, such as personnel disputes. The new version of Administrative review does not provide effective legal protection because the process of resolving state administrative disputes is lengthy and does not comply with the principles and theories of administrative review in general terms.

Keywords

State Administrative Court, administrative review, administrative law, objection, state administrative court, K, Law, Administrative law

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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