Dynamics of Judicial Review in State Administrative Disputes in Indonesia

DOI

10.2991/978-2-38476-315-3_81How to use a DOI?

Keywords

Judicial Review; State Administrative Agency or Official; State Administrative Court; Constitutional Court Decision

Abstract

This research aims to analyze legal issues related to the dynamics of the authority of the State Administrative Body or Official in filing a judicial review, especially in state administrative disputes after the Constitutional Court Decision Number 24/PUU-XXII/2024. An examination of the authority dynamics in State Administrative disputes is anticipated to enhance the advancement of State Administrative procedural law in the Supreme Court. This will be achieved by imposing restrictions on the submission of judicial reviews to the Supreme Court by Administrative Bodies or Officials, specifically in state administrative disputes. This study employs a normative juridical research methodology, utilizing a legislative approach to examine judicial review in state administrative courts. The research findings indicate that the Constitutional Court Decision Number 24/PUU-XXII/2024 has brought about significant changes in the procedural legislation of state administrative courts, particularly in relation to the process of judicial review to the Supreme CourtSince the judgment of the Constitutional Court is final and binding, the recipient of the decision must carry out and support the decision made by the Constitutional Court. Due to the inherent characteristics and assertiveness of the Constitutional Court's decision, the recipient of the decision is compelled to carry out its implementation.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Lia Nur Jannah
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/12/24
TI  - Dynamics of Judicial Review in State Administrative Disputes in Indonesia
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 599
EP  - 604
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_81
DO  - 10.2991/978-2-38476-315-3_81
ID  - Jannah2024
ER  -