Karya Ilmiah

TESIS (2743) - Perlindungan Hukum Bagi Rakyat Akibat Tindakan Faktual Pemerintah

---

ABSTRACT

The topic of the research is “The Legal Protection for People Due to
Government’s Real Act”. It is a normative law research employing the statue
approach, conceptual approach, case approach, and historical approach.
The research reveals that The Act No. 30 of 2014 on Government
Administration demonstrates the existence of effort to provide a legal protection by
requiring the present of clear and legal laws as the base of every government’s acts
taken (bestuurs handelingen). This includes providing the chance and way to
litigation process for the people who suffer of loss caused by the government’s acts.
Especially on the administrative dispute that appears as the result of government’s
real act (feitelijke handelingen), The Act No. 30 of 2014 on Government
Administration transforms its ruling into the Article 85 on the transfer of
“onrechmatige overheidsdaad” dispute resolution from the public court into the
administrative court, the Article 22 and the Article 29 on the decision/act of
discretion, and also the Article 87 letter a on factual act as the expansion element of
administrative decision. Consequently, the administrative court has the authority to
judge the administrative dispute that appears as the result of government’s real act
(feitelijke handelingen) which is only limited to legality testing and not to sue on the
basis ofcompensation. It is firmly connected in determining where the legal
responsibility lies towards the aggrieved people; whether the compensation becomes
the rank responsibility/liability (on the basis of faute de service) or personal
responsibility/liability (on the basis of faute de personelle) from the relevant
government official. The existence of acting regulation for The Act No. 30 of 2014 on
Government Administration is therefore vitally needed to fill in the vacuum of legal
protection assurance. This can be achieved by regulating completely and clearly
about the administrative dispute caused by government’s real act (feitelijke
handelingen) as the administrative court’s competence with or without the preceding
administrative efforts, clearly ruling where the compensation responsibility or
liability lies, and basing the compensation distribution to the people on justice and
proportionality in order to really establish the legal protection assurance for the
people.

Keywords: Legal Protection, the People, Government’s Real Act

---

Ketersediaan

031324153063

2743

Ruang Tesis

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

2743

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

ADMINISTRASI PEMERINTAH

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar