THE DYNAMICS OF STATE ADMINISTRATIVE LAW IN INDONESIA: A CRITICAL STUDY AS A RESULT OF ANWAR USMAN'S LAWSUIT IN THE STATE ADMINISTRATIVE COURT
The legal action initiated by Anwar Usman before the State Administrative Court (PTUN) has become a very captivating case among Indonesian practitioners of Administrative Law. This matter is significant not only because it pertains to a Chief Justice of the Constitutional Court, but also because it gives rise to very serious inquiries concerning the concept of judicial independence. This study employs a normative legal research methodology, specifically a descriptive-analytical qualitative technique. The data study included content analysis methods to ascertain the primary topics in legal documents, and discourse analysis to investigate the narratives that have emerged in legal literature about judicial independence and administrative law. The study results suggest that the Jakarta Administrative Court Decision Number 604/G/2023/PTUN.JKT strengthens the concepts of legality and procedural fairness, therefore reinforcing the Administrative Court's fundamental responsibility in upholding the integrity of Administrative Law. The results of this study have important practical consequences that emphasize the need of implementing procedural changes and increasing accountability in administrative activities. They also underscore the need of bolstering the function of the Administrative Court by providing more resources and authority. The present study enhances the advancement of state administrative law theory by providing a more flexible and comprehensive perspective on social and political transformations.
Authors
- Firdaus Arifin (ORCID: https://orcid.org/0000-0002-4830-7605)
Publication Details
- Journal
- HERMENEUTIKA Jurnal Ilmu Hukum
- Published
- 2024-08-31
- DOI
- https://doi.org/10.33603/hermeneutika.v8i2.9566
- Primary Topic
- Indonesian Legal and Regulatory Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00