TINJAUAN YURIDIS TERHADAP PERTIMBANGAN HUKUM HAKIM DALAM MENENTUKAN KEABSAHAN SURAT KEPUTUSAN KEPALA DESA TENTANG PENGISIAN PERANGKAT DESA PADA PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR : 54/G/2008/PTUN.SMG

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TitleTINJAUAN YURIDIS TERHADAP PERTIMBANGAN HUKUM HAKIM DALAM MENENTUKAN KEABSAHAN SURAT KEPUTUSAN KEPALA DESA TENTANG PENGISIAN PERANGKAT DESA PADA PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR : 54/G/2008/PTUN.SMG
Publication TypeThesis
Year of PublicationSubmitted
AuthorsYULIANI, CITRADEWI
AdvisorH. Sunarto, SH, Weda Kupita, S.H., MH
Academic DepartmentFakultas Hukum
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

The aim of this research is to determine how is legal considerations in the decision of The Council of Judges Administration Court Number : 54/G/2008/PTUN.Smg., on determining the validity of Decrees of Terban Head’s Decision, Jekulo Sub District, Kudus District about the Filling of Terban’s Rural officer 2008.
The method of this research is juridical normative research, this research that uses the conception of positivist legislators. While the analytical method used is prescriptive. This research was conducted in Semarang State Administrative Court and The Library of Faculty of Law, University of Jenderal Soedirman.
It started out from the selection of filling Terban's Rural officer , held in Terban village, Jekulo sub-districts, Kudus district in 2008 . Rita et al. as the party who lost in the selection of of filling Terban's Rural officer, argued that on the selection process there were many violation occured against regulation of legislation applicable and General Principles of Good Government. But Head of Terban village remained adamant to inaugurating the Rural officer. And then Head of Terban village issued 11 (eleven) decrees and 6 (six) of them which became objects of the dispute. Rita et al. felt that their interests were harmed by the publication of decrees object dispute because the Head of Terban village considered of doing collusion, nepotism and accepting bribes directly or through an intermediary, so that Rita et al. filed a lawsuit to Administration Court Semarang .
The opinion of the plaintiffs was different with the legal considerations of The Panel of Judges about that authority. The Panel of Judges on their legal considerations on the decision of The Council of Judges Administration Court Number : 54/G/2008/PTUN.Smg., state that The Decree issued by The Defendant already approproate with regulation of legislation applicable and General Principles of Good Goverment especially the principle of openness, the principle of orderly management of the state and the principle of professionalism.