Open AccessResolution of Disputes Regarding Unlawful Acts by the Government in the Administrative Justice System in Indonesia
Author(s) -
Ridwan Ridwan
Publication year - 2021
Publication title -
academic journal of interdisciplinary studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.148
H-Index - 5
eISSN - 2281-3993
pISSN - 2281-4612
DOI - 10.36941/ajis-2021-0170
Subject(s) - law , statute , political science , compensation (psychology) , supreme court , economic justice , competence (human resources) , government (linguistics) , psychology , linguistics , philosophy , psychoanalysis , social psychology
This study aims to analyze the expansion of the absolute competence of Administrative Courts to examine factual actions and/or illegal acts by the government. This paper is a doctrinal legal research using statute and conceptual approach. The result of this study argued that the expansion posed a legal problem since the absolute authority is determined by law. In this case, it is transferred through a Supreme Court Regulation without changing the law. The other problem was also found in the legal basis for judicial review and limited compensation. Ideally, it should be preceded by amending the law, broadening the legal basis for review, and providing fair compensation.
Received: 27 July 2021 / Accepted: 27 September 2021 / Published: 5 November 2021