PENGUATAN KEDUDUKAN PERADILAN TATA USAHA NEGARA SEBAGAI LEMBAGA PERADILAN ADMINISTRASI DALAM UPAYA MEWUJUDKAN TERBENTUKNYA PEMERINTAHAN YANG BAIK (GOOD GOVERNANCE) BERDASARKAN UNDANG-UNDANG NOMOR 51 TAHUN 2009 TENTANG PERADILAN TATA USAHA NEGARA
Daftar Isi:
- The State Administrative Court has the task of conducting examinations, deciding and resolving state administrative disputes, this is as stated in Article 47 of Law no. 5 of 1986 concerning the State Administrative Court. The identification of the problems used are: First, how to strengthen the position of the State Administrative Court in the mechanism of supervision of the implementation of decisions within the State Administrative Court; Second, how is the role of the State Administrative Court in realizing good governance in the administration of government. This researcher uses 2 (two) theories, namely the Theory of the State Administrative Judiciary Institution, and the Theory of Good Governance. This research is a normative legal research (legal research) with a statutory approach and a conceptual approach. The results of the study show: 1) Weak implementation of State Administrative Court Decisions due to the absence of an executorial institution and coercive power in implementing State Administrative Court Decisions; and 2) The State Administrative Court as one of the instruments in judicial power is formed with the aim of providing protection for individual rights and community rights, developing and maintaining proper state administration according to law (rechtmatig) or appropriate according to law (wetmatig). ) or functionally appropriate (effective) or functioning efficiently, and provide legal protection and legal certainty. The conclusion is that the implementation of the decision of the State Administrative Court depends on the awareness and initiative of the State Administrative Officer. Therefore, the role of the Administrative Court is very important as a judicial control which can at the same time straighten out the actions and decisions made by Government Officials so that they are in accordance with the AAUPB principles. Keywords: Strengthening of Legal Position, Administrative Court, Administrative Court, Good Governance