The Role of the Banda Aceh State Administrative Court in Testing Abuse of Authority by State Administrative Agencies/Officials in Accordance with Law Number 30 of 2014 Concerning Government Administration

Abstract

Abuse of authority by State Administrative Agencies/Officials in terms of making decisions and/or actions in the administration of government carried out by exceeding the limits of authority, mixing up authority, and/or acting arbitrarily as referred to is in accordance with the contents of Article 17 of Law No. 30 of 2014 concerning State Administration. Meanwhile, decisions and/or actions that are determined and/or carried out by exceeding the authority or arbitrarily invalid if they have been tested and there is a court decision with permanent legal force. The purpose of this study is to analyze and describe the understanding of abuse of authority by State administrative agencies/officials, describing the role of the State Administrative Court as an institution that examines abuse of authority by State Administrative Agencies/Officials. This research is a qualitative legal research with a normative approach and  is supported by empirical data using primary data and secondary data. The approach used to answer legal issues in this study is to use a statute approach and a conceptual approach. The results  of this research conclude that the  understanding of abuse of authority by State Administrative Agencies/Officials is in  the administration of government carried out by exceeding authority, mixing up authority, and/or acting arbitrarily, as well as the role of the State Administrative Court as an institution for examining abuse of authority by State administrative agencies/officials regarding State Administration in Courts  Until now, the Banda Aceh State Administration has never handled disputes over abuse of authority as stipulated in Article 21 of Law Number 30 of 2014 concerning State Administration. However, in its arrangement, civil servants if they abuse their authority can be prosecuted and prosecuted under the State Administrative Law, namely in the form of severe administration as stated in article 80 paragraph (3).

Keywords: Role of the Judiciary, Abuse of Authority, TUN Officer

DOI: 10.7176/JLPG/129-02

Publication date: February 28^th 2023