PERLINDUNGAN HUKUM BAGI RAKYAT TERHADAP TINDAKAN PEMERINTAH BERDASARKAN KONSEP HUKUM ADMINISTRASI NEGARA (Studi Mengenai Gugatan Terhadap Pemerintah di Sidang Pengadilan Pada Putusan No. 73/Pdt.G/2013/PN.Pwt)

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TitlePERLINDUNGAN HUKUM BAGI RAKYAT TERHADAP TINDAKAN PEMERINTAH BERDASARKAN KONSEP HUKUM ADMINISTRASI NEGARA (Studi Mengenai Gugatan Terhadap Pemerintah di Sidang Pengadilan Pada Putusan No. 73/Pdt.G/2013/PN.Pwt)
Publication TypeThesis
Year of Publication2015
AuthorsHABIBI, DANI
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

This research, entitled "Legal Protection for the People's Action Against
Government Based on Concept of State Administrative Law (Study Regarding
Lawsuit Against Government in the Court of Session In Decision No. 73 / Pdt.G /
2013 / PN.Pwt). The purpose of this study is to determine the form of legal
protection for people against the government's actions in the law of State
Administration, to determine the determination of the court authority to adjudicate
against government legal action, which arises the law consequences to people and
for knowing the law consideration of judge in the case No. 73 / Pdt.G / 2013 /
PN.Pwt in determining whether the jurisdiction used has suited with the
applicable legislations or not. This study uses normative juridical approach to
legislation and concepts.
This research outlines that one of the legal protection for the people is the
way to sue the government to the District Court based on Presence of Unlawful
Acts (Article 1365 of the Civil Code) by the government, which is detrimental to
the people. Therefore, the accused party is the government, then it will intersect
with the government's actions set out in the State Administration Law . The law
intersection also potentially causes problems on the authority of the court
jurisdiction. The important analysis of this case is the concept of the legal position
of the government and the concept of government action.
The conclusion from this study is the legal protection given to the people
can be done in a way to sue the government to court in accordance with the
authority of each court, and must pay attention to the concept of the legal position
of government and the concept of government action. Based on these two things,
the consideration of Navan District Court law that states no authority to hear the
case a quo, is in conformity with the relevant legislation

 

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