PENEGASAN EKSISTENSI KEPUTUSAN TATA USAHA NEGARA YANG TIDAK DAPAT DIJADIKAN OBJEK SENGKETA PADA PENGADILAN TATA USAHA NEGARA MELALUI PENGUNDANGAN UNDANG-UNDANG NOMOR 2 TAHUN 2020

  • Indah Mutiara Sari Universitas Indonesia
  • Anna Erliyana Universitas Indonesia
DOI: https://doi.org/10.35814/selisik.v8i2.4481
Abstract views: 134 | pdf (Bahasa Indonesia) downloads: 312
Keywords: Object of Dispute, State Administrative Court, State Administrative Decision

Abstract

The promulgation of Article 27 paragraph (3) of Law Number 2 of 2020 adds to
the precarious atmosphere of the pandemic that has occurred since 2020. The
law that was present with the aim of providing procedures for implementing
government actions in dealing with this pandemic turned out to have brought
many questions from the general public regarding the interests of the general
public. The political party that accompanies the promulgation of the law is
because it is considered to provide immunity to state administrative officials
against policies that will be issued as an effort to handle the COVID-19 pandemic
because it is not an object of state administration. This research comes with
several fundamental questions such as why the law legitimizes the existence of
state administrative decisions that cannot be the object of a lawsuit at the state
administrative court and how the general principles of good governance can be
guaranteed to be implemented if the transformation of state administrative
policies into the object of the state administrative dispute is removed. This
research is based on normative juridical research methods

Published
2022-12-29
Section
Articles