MENU
|
|
|
| Jenis | : |
KKM
|
| Judul | : |
ANALISIS AMAR PUTUSAN GUGATAN TIDAK DAPAT DITERIMA KARENA KTUN SEBAGAI OBJEK SENGKETA TIDAK MENIMBULKAN AKIBAT HUKUM
(Studi Putusan Nomor 134/G/2020/PTUN.Bdg)
|
| Subjek | : |
Litigation
|
| Pengarang | : |
DYAH ELMAWATI SUTANTRI
|
| Pembimbing | : |
Weda Kupita,
Rahadi Wasi Bintoro
|
| Prodi | : |
ILMU HUKUM
|
| Tahun | : |
2024
|
| Call Number | : |
347.053 SUT a
|
| Perpustakaan | : |
Fakultas Hukum
|
| Letak | : |
1 eksemplar di Koleksi Referensi
|
|
Abstrak :
The Defendant issued the object of dispute in response to the Defendant's
request for the issuance of a letter responding to the Plaintiff's request. The
Plaintiff filed a lawsuit with the State Administrative Court after the
administrative efforts taken were not responded to by the Defendant. Based on
Decision No. 134/G/2020/PTUN.Bdg, the judge considered that the object of the
lawsuit was not a State Administrative Decision because it was not a letter
containing legal actions that had legal consequences for the Plaintiff as stipulated
in Article 1 point 9 of Law No. 51 of 2009 and Article 87 of Law No. 30 of 2014
concerning Government Administration, thus ruling that the lawsuit could not be
accepted (Niet Ontvankelijkverklaard/NO). There are juridical issues in the legal
considerations of the judge whether the object of the dispute really does not cause
legal consequences or not, and what are the legal consequences arising from the
decision. This research uses a case approach method with a descriptive type of
normative juridical research. Secondary data sources are in the form of literature
studies. This research is described by narrative text, analyzed by qualitative
analysis method. The results of the research and discussion conclude that the
panel of judges was incorrect in issuing its legal considerations which only
focused on the element of KTUN causing legal consequences which was not
fulfilled in accordance with Article 1 point 9 of Law Number 51 of 2009.
However, it fulfills the final element in the definition of KTUN according to
Article 1 number 9 of Law Number 51 of 2009. In addition, the object of dispute
can be said to cause legal consequences because it contains substance regarding
the Plaintiff's SHM. The decision does not produce legal consequences for the
disputed object, nor does it make the disputed object valid or void. The judges
paid more attention to the fulfillment of the KTUN element in the requirements for
filing a lawsuit in the process of examining the lawsuit.
Keywords: KTUN, Verdict, Legal Effects
|
Kembali
|
