Kompetensi Peratun Untuk Memeriksa Unsur Penyalahgunaan Wewenang

Abstract

The implementation of governance should be based on law and the principles of good governance. The government official and/or government body has an authority based on authority given by the law. The Administrative Court has an authority to investigate the application if there is an abuse of power. This authority is new paradigm after Act No 30 Year 2014 of Governance Administration has been legalized. Previously, to investigate if there is abuse of power, handled by the Court of Corruption, because stated as criminal act. This research use normative juridically approach, principle of law approach and comparative approach. The authority is an important principle in governance, and if there is abuse of power, it should be investigate for the first time by Administrative Court, as competence court. The law enforcement in administrative law, to execute the judge’s verdict, is become problems for some years, even the regulation has been amended for two times. The lack of legal obedience is restraint the law enforcement and administrative justice, which should be accpet by the winning party. In future, there should be new regulation which synchronized and harmonized the competence of the court as well as law enforcement.