IMPLIKASI UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN TERHADAP FUNGSI PERADILAN TATA USAHA NEGARA

Abstract

This study aimed to answer problems related to: 1) How is the implication of the Government Administrative Law on the functions of the State Administrative Court (PTUN), does the existence of the Administrative Law weaken or strengthen the functions of PTUN as an oversight body? 2) Are there any needs to reinforce the functions of PTUN as the absolute competences of PTUN are increasing after the Administrative Court of the Government is applicable? This study was a normative legal research by analyzing primary, secondary, and tertiary legal materials using qualitative juridical approach. This research concludes that: 1) An increasing absolute competence of PTUN might weaken or strengthen the functions of PTUN, depending on the integrity of human resources, including judges; and 2) There is a need to strengthen the functions of PTUN as the absolute competence of PTUN is increasing based on the Administrative Law of Government by: a) immediately amending the Administrative Law in accordance with the Administration Law of Government and increasing the force to execute decisions by establishing an executive body to execute PTUN decisions; b) increasing the independence of PTUN judges in examining, deciding and resolving any disputes or petitions. Keywords: