IMPLIKASI HUKUM PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 82/G/2020/PTUN.JKT ATAS OBJEK SENGKETA KEPUTUSAN PRESIDEN NOMOR 34/P.TAHUN 2020 TENTANG PEMBERHENTIAN DENGAN TIDAK HORMAT ANGGOTA KOMISI PEMILIHAN UMUM MASA JABATAN TAHUN 2017-2022
Daftar Isi:
- State Administrative Disputes are disputes arising in the field of State Administration between persons or civil legal entities and State Administrative Bodies or Officials, both at the central and regional levels, as a result of the issuance of State Administrative Decisions. The basis of the dispute in this research is Presidential Decree Number 34/P of 2020 concerning the Dismissal of Members of the General Election Commission on 2017-2022. The problem identification of the research is about How are the legal implications after the issuance of the State Administrative Court Decision Number 82/G/2020/PTUN.JKT on the status position of the Commissioner of the Organization of the Indonesian General Election Commission? and How are the legal considerations in the State Administrative Court Decision Number 82/G/2020/PTUN.JKT on the Lawsuit of Presidential Decree Number 34/P of 2020 concerning Dismissal with Disrespect of Members of the General Election Commission on 2017-2022?. The theories used in this research were the theory of State Administrative Dispute Resolution and the theory of Government Action. The method used in this research is normative juridical with an approach based on legislation and court decisions. The data sources used in this research are data obtained from decision Number 82/G/2020/PTUN.JKT and supporting data in the form of library research as primary legal materials, namely laws, books, journals and other reference data. The results of this study state that Presidential Decree Number 34/P of 2020 based on the consideration of the judges in the State Administrative Court Decision Number 82/G/2020/PTUN.JKT is declared juridically flawd because it contradicts with Article 24 of the Government Administration Law and the Law of Procedure in the examination of the Election Organizer Honorary Council. The conclusion of this research is that the State Administrative Court has been canceled Presidential Decree 34/P of 2020 and reactivated Evi Novida as a Commissioner of the General Election Commission of the Republic of Indonesia based on the Judges' consideration in the State Administrative Court Decision Number 82/G/2020/PTUN.JKT. Suggestions based on the Decision, the State Administrative Officer in conducting a trial examination for violations of the code of ethics must be based more on Procedural Principles and fulfill the formal requirements in the Procedural Law.