Open AccessTHE DEVELOPMENT OF ADMINISTRATIVE COURT JURISDICTION REGARDING CIVIL SERVANT DISPUTE
Author(s) -
Enrico Simanjuntak
Publication year - 2022
Publication title -
jurnal hukum peratun
Language(s) - English
Resource type - Journals
eISSN - 2615-5230
pISSN - 2615-5222
DOI - 10.25216/peratun.412021.67-88
Subject(s) - dispute resolution , administrative court , jurisdiction , law , administrative law , political science , state (computer science) , civil servant , supreme court , administration (probate law) , dispute mechanism , public administration , business , alternative dispute resolution , politics , algorithm , computer science
The development of personnel law regarding litigation has experienced tremendous development, but some of the latest literature in the field of personnel law is still referring to the mechanism of litigation that is already irrelevant. As is known now after the enactment of the Supreme Court Regulation (Perma) No. 6 of 2018 concerning Government Administration Dispute Resolution Guidelines After Taking Administrative Review, the principle applies so long as it is not determined otherwise by certain sectoral regulations (lex specialis), submitting a claim to the State Administrative Court (PTUN) must first take administrative efforts internally or quasi-judicial institution (lex generalis). As the initial intention of the State Civil Apparatus Act (UU Aparatur Sipil Negara), now the resolution of personnel disputes must be preceded by internal administrative review before being submitted to the State Administrative Court.