KEWENANGAN PENGADILAN TATA USAHA NEGARA
DALAM MENGADILI SENGKETA PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM
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Institusion
Universitas Atma Jaya Yogyakarta
Author
HARYANTI, INDAH TRI
Subject
Hukum Ketatanegaraan
Datestamp
2015-06-17 09:47:47
Abstract :
Purpose of this study is to knowing how Administration Court authority in adjudicate land acquisition dispute for public interest development therewith constraints and efforts to do overcoming these obstacles. It is associated with legalized Legislation number 2 year 2012 who gave authority to Administration Court in order to receive or decline the objections from entitled party upon establishment issued by the governor. In this study the authors take up discrepancy the rules contained in Legislation number 2 year 2012 with Legislation number 5 year 1986 jo. Legislation number 9 year 2004 jo. Legislation number 51 year 2009. Matter of discrepancies besides related with subject of lawsuit, object lawsuit, grace period filed, grace period of dispute resolution and deadline for filling legal action. And the problem more important is case handling system and law procedural must be implemented by judge examiner dispute. Result of research and interview author with some Administration Court judges obtained a system can be implemented to fill vacancy procedural law for judge handling the case, that is by empowering presence Article 136 Legislation number 5 year 1986 and combining with existing case handling system. Here necessary accuracy and firmness from chairman of administration court for observe and determine that a case is there any relation with public interest or not. That there should be firmness from judge examiner to make trial schedule who agreed by the parties before the examinations dispute begins. However from conclusions and suggestions from authors need more revision to legislation about administration court or at least Supreme Court issue any Supreme Court Regulation to overcome the constraints.
Purpose of this study is to knowing how Administration Court authority in adjudicate land acquisition dispute for public interest development therewith constraints and efforts to do overcoming these obstacles. It is associated with legalized Legislation number 2 year 2012 who gave authority to Administration Court in order to receive or decline the objections from entitled party upon establishment issued by the governor. In this study the authors take up discrepancy the rules contained in Legislation number 2 year 2012 with Legislation number 5 year 1986 jo. Legislation number 9 year 2004 jo. Legislation number 51 year 2009. Matter of discrepancies besides related with subject of lawsuit, object lawsuit, grace period filed, grace period of dispute resolution and deadline for filling legal action. And the problem more important is case handling system and law procedural must be implemented by judge examiner dispute. Result of research and interview author with some Administration Court judges obtained a system can be implemented to fill vacancy procedural law for judge handling the case, that is by empowering presence Article 136 Legislation number 5 year 1986 and combining with existing case handling system. Here necessary accuracy and firmness from chairman of administration court for observe and determine that a case is there any relation with public interest or not. That there should be firmness from judge examiner to make trial schedule who agreed by the parties before the examinations dispute begins. However from conclusions and suggestions from authors need more revision to legislation about administration court or at least Supreme Court issue any Supreme Court Regulation to overcome the constraints.
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