June 2024

Volume 07 Issue 06 June 2024
Politics Legal Regulation of the Supreme Court of the Republic of Indonesia (Perma Ri) Number 2 of 2019 as a Guideline for Suits for Unlawful Acts Against Government Agencies And/Or Officials
Yunico Syahrir
Master of Law, Faculty of Law, UPN Veteran Jakarta
DOI : https://doi.org/10.47191/ijsshr/v7-i06-14

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ABSTRACT

The Supreme Court has issued PERMA No. 2 of 2019 concerning Guidelines for Settlement of Disputes on Government Actions and the Authority to Adjudicate Unlawful Acts by Government Agencies and/or Officials (Onrechmatige Overheidsdaad), with the aim of being a guideline in terms of the authority to adjudicate onrechtmatige overheidsdaad cases, as well as as statutory provisions and regulations in terms of governance method of resolving disputes regarding unlawful acts committed by government agencies or government officials, which has now become the absolute authority of the State Administrative Court (PERATUN). Regarding Legal Politics, the issuance of PERMA No. 2 of 2019 is important to study and research, because it has created a new "legal situation" and "legal consequences", namely regarding the authority to adjudicate overheidsdaad cases that are onrechtmatige, as well as regarding legal provisions regarding dispute resolution procedures against the government. From this research it can be concluded that with the enactment of PERMA Regulation No. 2 of 2019, cases of unlawful acts by government agencies and/or officials, which previously fell under the authority of the general judiciary to be examined and tried in the District Court, but are now expressly regulated. Becomes the authority of PERATUN and is tried at the State Administrative Court, so its implementation actually still requires improvements, so that in the future it can be implemented even better.

KEYWORDS:

Political Law Perma 2/2019, PERMA 2/2019, PERMA regarding onrechmatige Overheidsdaad

REFERENCES

Books
1) Padmo Wahjono, (1986). Indonesia, a country based on law, Jakarta, Ghalia Indonesia Publisher.

2) Philipus M Hadjon, (1987). Legal Protection for the Indonesian People, Surabaya, Publisher PT. Bina Ilmu.

3) Ridwan HR, (2013). State Administrative Law, Jakarta, Rajawali Press Publishers. - Sudikno Mertokusumo, (2019). Unlawful Actions by the Government, Yogyakarta, Maha Karya Pustaka Publisher.

4) Moh. Mahfud MD, (2019). Legal Politics in Indonesia, 7th printing, Jakarta, Rajawali Press Publishers.

Journal
1) Padmo Wahjono, (1991). Investigating the Process of Forming Legislation. Justice Forum, No. 29.

2) R. Tony Prayogo, (2016). Application of the Principle of Legal Certainty in Supreme Court Regulation Number 1 of 2011 concerning the Right to Judicial Review and in Procedure Guidelines for Reviewing Laws, Indonesian Legislative Journal 13, No. 2.

3) Mohammad Kamil Ardiansyah, (2020). Legal Reform by the Supreme Court in Filling the Vacancies in Civil Procedure Law in Indonesia. Legal Policy Scientific Journal 14, No. 2.

4) Muhammad Addi Fauzanil, Fandi Nur Rohman, (2020). Problematic Settlement of Disputes on Unlawful Acts by Authorities in the Indonesian Administrative Court (critical study

5) against Supreme Court Regulation Number 2 of 2019). Widya Pranata Journal Vol. 3 Number 1. February 2020.
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6) Hambali, Rizki Ramadani, Hardianto Djanggih. (2021). PERMA Legal Politics Number 1 of 2020 in Realizing Justice and Legal Certainty in the Punishment of Corruption Perpetrators. Scientific journal Wawasan Juridika, Vol. 5 No. 2, September 2021.

Legislation
1) The 1945 Constitution of the Republic of Indonesia

2) Law Number 5 of 1986 concerning State Administrative Courts - Law Number 14 of 1985 concerning the Supreme Court jo. Law Number 5 of 2004 in conjunction with Law Number 3 of 2009 (Supreme Court Law)

3) Law no. 12 of 2011 concerning the Formation of Legislative Regulations - Law Number 30 of 2014 concerning Government Administration - Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Legislative Regulations.

4) Tap MPR RI No. III/MPR/1978 Jo. UU no. 5 of 2004, concerning the function of the Supreme Court Supreme Court Regulation Number 6 of 2018 concerning Dispute Resolution Guidelines Administration

5) Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Resolving Disputes on Government Actions and the Authority to Adjudicate Unlawful Acts by Government Agencies and/or Officials (Onrechmatige Overheisdaad).
Volume 07 Issue 06 June 2024

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