Minggu, 27 Oktober 2013

peradilan tata usaha negara



1. In the general description of Act No. 5 of 1986 on the State Administrative Court explained that the Civil Procedure that is used in the Process State Administrative Procedure Law has similarities with that used in the General Court for civil matters with a few differences (Anonymous, 1986 - explanation).
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.1)

2. In terms of a trial judge adopted the State Administration is (Article 14.UPTUN):
a) Indonesian citizen.
b) devoted to God Almighty.
c) Loyal to Pancasila and the 1945 Constitution.
d) Not a former member of the banned Communist Party, including its mass organizations, or not the people involved langsug or indirectly in the Counter-revolution movement .30/PKI or other banned organizations.
e) Public Servant.
f) Law degree or another scholar who has expertise in the field of state administration.
g) as low Aged 25 years.
h) charismatic, honest, fair and of good character.
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.15)

3. The terms to be appointed as Registrar of the High Court is the State Administration (Article 29. UPTUN):
a) Indonesian citizen.
b) devoted to God Almighty.
c) Loyal to Pancasila and the 1945 Constitution.
d) Certified law degree.
e) Experience of at least 4 years as Registrar.
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.17)

4. Law of the State Administrative Court event starts from the assumption that a Board decision or Administrative Acting was always legal according hukum.Oleh Therefore, during the decision-making bodies or state administrative officials in the disputed it has not been disconnected or validity tested by Judge , and that decision must be legally valid, so that the disputed decision is still considered by law to be implemented. (Martiman, 1993:22).
(Kaligis,Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia,hlm.1)

5. Article 3 Paragraph (1) states: If the agency or the State Administrative Officer does not issue a decision, while it is a duty, it is equated with the Administrative Decision.
(Kaligis,Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia,hlm.119)

By: Wawan ferri andianto
NIM: (11220056)

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