Implementasi Yuridis Asas Nemo Judex in Causa Sua dalam Putusan Pengadilan Tata Usaha Negara Surabaya

Legal principles are foundational aspects in the field of law, serving as the basis for the laws and regulations that govern society. One such legal principle is the Nemo Judex In Causa Sua principle, which prohibits a judge or court officer from presiding over a case in which they have a personal interest. However, the decision of the Surabaya Administrative Court in Case Number 11/G/KI/2023/PTUN.SBY appears to contradict this principle, as the case was adjudicated by a panel of judges from the same court, which runs counter to the Nemo Judex In Causa Sua principle. On the other hand, another important legal principle, Ius Curia Novit, suggests that a judge is expected to have comprehensive knowledge of all laws, and thus, is obliged to assess and hear the case. In accordance with the applicable legal provisions, the case was duly tried by the Surabaya Administrative Court. Both of these principles are embedded in Indonesian legislation, and in this paper, the author will attempt to elaborate on them within the context of the Administrative Court Law  and the Judicial Authority Law . Additionally, the author will analyze the Nemo Judex In Causa Sua principle in the context of the Surabaya Administrative Court’s decision in Case Number 11/G/KI/2023/PTUN.SBY.