Bonifacius Raya Napitupulu, . (2025) KEPASTIAN HUKUM MELAKUKAN UPAYA ADMINISTRATIF SEBELUM MENGAJUKAN GUGATAN DI PENGADILAN TATA USAHA NEGARA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In accordance with the provisions of Article 48 of Law No. 5 of 1986 on Administrative Justice which has been amended most recently by Law No. 51 of 2009 on the Second Amendment To Law No. 5 of 1986 on Administrative Justice which states that not every decision of the State Administration (beschikking) as the object of administrative disputes can be directly sued through the administrative, then the administrative dispute must be resolved first through administrative efforts before it is resolved through the Administrative Court. This research uses qualitative normative method which is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The result of this research is Sema No. 1 year 2017 has been confirmed through Perma No. 6 of 2018, thus, according to the court, as long as the administrative effort is intended to file a lawsuit to the administrative court or at least related to the procedural law of the Administrative Court, the word "can" must be interpreted as "obliged" to take administrative efforts first. Then the Administrative Court plays a role in ensuring that law enforcement occurs effectively, by observing the principles of justice and legal certainty that are the basis for every decision taken, and the Administrative Court acts as a court that has the authority to resolve administrative disputes after the administrative effort has been passed, in accordance with applicable regulations.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2210622022] [Pembimbing 1 : Ahmad Ahsin Thohari] [Pembimbing 2 : Kaharuddin] [Penguji 1 : Taufiqurrohman Syahuri] [Penguji 2 : Irwan Triadi] |
| Uncontrolled Keywords: | Legal certainty, Administrative efforts, Administrative court |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | BONIFACIUS RAYA NAPITUPULU |
| Date Deposited: | 05 Mar 2025 01:57 |
| Last Modified: | 05 Mar 2025 02:45 |
| URI: | http://repository.upnvj.ac.id/id/eprint/36299 |
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