Reformulasi Teoretis Konsep Kebatalan Keputusan Administrasi Pemerintahan dalam Undang-Undang Administrasi Pemerintahan

The two types of invalidity of administrative acts in the Government Administration Law, which include invalid and voidable, are not in accordance with the concept of invalidity in administrative law. The aim of this research is to find answers to two problems, first, the concept of administrative acts in the Government Administration Law, and second, the correct meaning regarding the invalidity of decisions based on the concepts and principles of administrative law. Using a doctrinal type of legal research with a legislation approach and a conceptual approach, this research produces two conclusions. First, the concept of decision in the Government Administration Law is a decision in a broad sense including general case decisions (besluit) and individual case decisions (beschikking) including factual actions, and the latter is not appropriate. Second, the nullity of administrative acts in administrative law includes being null and void and voidable, firstly the decision and its legal consequences are deemed to have never existed, secondly the decision and its legal consequences are valid until they are annulled by a later decision or administrative court.

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Publication Details

Journal
Jurnal Legislasi Indonesia
Published
2024-12-18
DOI
https://doi.org/10.54629/jli.v21i4.1266
Primary Topic
Legal Studies and Policies
Type
article
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article

Reformulasi Teoretis Konsep Kebatalan Keputusan Administrasi Pemerintahan dalam Undang-Undang Administrasi Pemerintahan

A’an Efendi, Annas Rasid Musthafa, Sudarsono Sudarsono, Caesar Dimas Edwinarta
Jurnal Legislasi Indonesia
Legal Studies and Policies
article

Reformulasi Teoretis Konsep Kebatalan Keputusan Administrasi Pemerintahan dalam Undang-Undang Administrasi Pemerintahan

A’an Efendi, Annas Rasid Musthafa, Sudarsono Sudarsono, Caesar Dimas Edwinarta
article en

Abstract

The two types of invalidity of administrative acts in the Government Administration Law, which include invalid and voidable, are not in accordance with the concept of invalidity in administrative law. The aim of this research is to find answers to two problems, first, the concept of administrative acts in the Government Administration Law, and second, the correct meaning regarding the invalidity of decisions based on the concepts and principles of administrative law. Using a doctrinal type of legal research with a legislation approach and a conceptual approach, this research produces two conclusions. First, the concept of decision in the Government Administration Law is a decision in a broad sense including general case decisions (besluit) and individual case decisions (beschikking) including factual actions, and the latter is not appropriate. Second, the nullity of administrative acts in administrative law includes being null and void and voidable, firstly the decision and its legal consequences are deemed to have never existed, secondly the decision and its legal consequences are valid until they are annulled by a later decision or administrative court.

Jurnal Legislasi IndonesiaVol. 21(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 56%
Legal Studies and Policies
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