KONSEP SUMBER KEWENANGAN PEJABAT TATA USAHA NEGARA SEBAGAI DASAR PEMBATALAN KEPUTUSAN TATA USAHA NEGARA (KTUN) (Studi Putusan Pengadilan Tata Usaha Negara Yogyakarta Nomor 06/G/2011/PTUN.YK)

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TitleKONSEP SUMBER KEWENANGAN PEJABAT TATA USAHA NEGARA SEBAGAI DASAR PEMBATALAN KEPUTUSAN TATA USAHA NEGARA (KTUN) (Studi Putusan Pengadilan Tata Usaha Negara Yogyakarta Nomor 06/G/2011/PTUN.YK)
Publication TypeThesis
Year of Publication2015
AuthorsPERMATASARI, ERINA
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

This thesis entitled: " The concept of authority source of administrative
officer as the basis of cancelation of administrative decision " (Study of State
Administrative Court Decision Yogyakarta No. 06 / G / 2011 / PTUN.YK). This
study will explain the validity of an administrative decision in terms of sources of
authority possessed by the Administrative Officer.
Material sourced from the State Administrative Court Decision Yogyakarta
No. 06 / G / 2011 / PTUN.YK. Defendants in the case a quo is the Mayor of
Yogyakarta, and the object of the lawsuit is the administrative decission No. 503/687
about business closure notification located in Mendung Warih street Number 147 RT.
32 RW. II Giwangan, sub-district Umbul Harjo, Yogyakarta. The method that used in
this research is normative juridical approach with the approach of legislation, casebased approach, and the conceptual approach.
The results showed that the the administrative decision that released by the
mayor of Yogyakarta is contrary to the laws and regulations in terms of aspect
Substance / Material as set forth in Mayor Yogyakarta’s decision No. 232 / KEP /
2007 on the Implementation of the Special duties of Deputy Mayor and Mayor of
Yogyakarta Decree No. 50 / KEP / 2007 on the Delegation of Authority to the Deputy
Mayor To signing Official Papers.
The judges found the Deputy Mayor had wrongly interpreted the source of its
authority, the Deputy Mayor should obtain authority by delegation, but Deputy
Mayor has been considered it as a mandate. The judges stated that the object of
administrative decision void, so that Plaintiff stated granted. Consideration of the
judges of the law is in conformity with the laws and doctrines.
As a result of the law granting plaintiff object of the cancellation of
administrative decission, the Defendant is obliged to revoke the administration
decission that has been the object of the lawsuit.

 

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