Pengaturan Penyelesaian Tindakan Maladministrasi Dalam Perspektif Peraturan Perundang-Undangan
Year: 2022
Type: article
Abstract: This study aims to identify and analyze the maladministration settlement system in Indonesia in the perspective of the applicable laws and regulations with the existence of two institutions that have the authority to settle maladministration actions, namely the PTUN and the Ombudsman. This research is a normative research with a statutory and conceptual approach that is structured descriptively to produce solutions based on the problems studied. The results of this study indicate that the settlement of maladministration actions in Indonesia can be reached by 2 (two) systems, namely the litigation system and the non-litigation system, in which the litigation system is in the PTUN based on articles 51, 52 paragraph (2) of Law Number 25 of 2009 concerning Services. Public Jo Article 1 point 4 of Law Number 5 of 1986 concerning the State Administrative Court Jo Article 87 of Law Number 30 of 2014 concerning Government Administration. Meanwhile, the non-litigation settlement system is resolved by the Ombudsman as regulated in Article 1 point 1 of Law Number 37 of 2008 concerning the Ombudsman in conjunction with Article 46 of Law Number 25 of 2009 concerning Public Services. However, there are no clear rules regarding the limits of forms of maladministration that can be resolved by each institution, so the authors suggest that the creation of legal certainty in the settlement of maladministration acts in Indonesia and the creation of good and quality public services, it is very necessary to have clear legal rules governing the boundaries regarding types of maladministration that can be resolved by the PTUN or the Ombudsman. Keywords; Solution, Maladministration, Legislation
Authors: Muhammad Padol, Sukamto Satoto
Institution: Universitas Jambi
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4283022613