Obligation in Carrying Out Administrative Effort as a Mean of Legal Protection for Justice Seekers in State Administrative Dispute in East Java

Abstract

One of the spaces to realize legal protection, specifically repressive legal protection, can be performed through legal efforts to court. Legal protection is absolute because it is a space that ensures equal position between people and government in a country. The State Administrative Court has the authority to adjudicate, examine, decide upon and resolve government administrative disputes after administrative efforts have been taken. The court checks, hears, decides, and settles government administrative disputes according to the provisions of the procedural law in force in the court unless it is stated otherwise in the provisions of the applicable laws and regulations. Administrative efforts are one form of legal protection for justice seekers as regulated in Law No. 5 of 1986 concerning State Administrative Court, Law No. 30 of 2014 concerning Government Administration, Supreme Court Regulation No. 6 of 2018 concerning Guidelines for Resolution of Government Administrative Dispute After Taking Administrative Effort, Supreme Court Regulation No. 2 of 2019 concerning Guidelines for Resolution of Disputes over Government Actions and Authority in Judging Unlawful Actions by Government Agencies and/or Officials (onrechmatige Overheidsdaad).

Keywords: administration, legal protection, justice, state administrative dispute

DOI: 10.7176/JLPG/92-11

Publication date: December 31^st 2019