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Amalia Wulandari; Chininta Ayu Candani Kriyandari; Nur Alfianah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In accordance with Article 25 paragraph (2) of the Law on Judicial Power, the general judiciary is one part of the judicial power that has the authority to examine, adjudicate, and issue decisions in criminal and civil cases in accordance with the applicable regulations. In civil trial proceedings at the district court, there are three stages: the preliminary stage, the determination stage, and the execution stage. In civil justice, there is an effort to resolve disputes outside of trial, namely mediation, and in administrative court proceedings, there is an effort to resolve disputes outside the court, namely administrative efforts. Mediation is an effort to resolve conflicts through deliberation with the assistance of a neutral third party, known as a mediator, to reach an agreement that can be accepted by both parties. This administrative effort is a resolution process carried out internally within an agency between the government and the party filing an objection to a state administrative decision before the dispute is brought to court. The purpose of this study is to understand the differences in non-litigation efforts between civil courts and state administrative courts. The research method is normative, using a statutory approach that emphasizes the analysis of regulations related to the main discussion of this study. In civil courts, mediation aims and focuses more on efficiency, which benefits both parties and, in turn, can reduce the burden on judges in resolving disputes in court. On the other hand, the purpose of administrative measures in state administrative cases is oriented towards internal government supervision, as a last resort, and rapid correction.

Samuel Samuel; Lisnawaty W Badu; Nuvazria Achir

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the implementation of Article 88 of Law Number 35 of 2014 concerning Child Protection against child exploitation as clown buskers in Gorontalo City, as well as identify the factors that cause the exploitation. This study uses an empirical legal method with a descriptive approach to obtain data related to behavior, social conditions, and symptoms in society. Data was collected through observation, interviews, and documentation. The results of the study show that the implementation of Law Number 35 of 2014 has not been optimal, because the relevant apparatus, such as the Social Service and Satpol PP, have not followed up on this case with a criminal law approach, but only with coaching and administrative efforts. This causes child exploitation to continue without strict legal sanctions. The factors that cause the exploitation of children as buskers in clown costumes in Gorontalo City include economic, family, environmental factors, lack of law enforcement, and low legal awareness in interrelated communities. This research emphasizes the importance of synergy between the government, law enforcement officials, social institutions, and the community to reduce child exploitation practices through preventive, repressive, and rehabilitative efforts in a sustainable manner.

Candra Perbawati; Nabila Firstia Izzati

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The presence of the State Administrative Courts Judiciary as an administrative law enforcement institution for justice seekers, often encounter obstacles to the implementation/execution of judgments. The decision in question is in the context of the fictitious lawsuit is negative where the nature of the decision is already in Kracht. Against the verdict that already in kracht, State Administrative Courts officials as the losing party often do not want to comply with the content decision from the judges of the State Administrative Court. This can be caused by several factors such as The implementation of the execution arrangement is not clear, then the presence of administrative efforts that are felt is still not effective in creating a deterrent effect, as well as a lack of awareness from State Administrative Courts officials who losing and not wanting to comply with the order of the State Administrative Courts decision is the main obstacle. Problem is the lack of awareness of the obedient attitude can be due to the nature of the State Administrative Courts decision, which is basically upholding self-respect from the losing party. The act of not complying with the content State Administrative Courts decision can be included in the elements of the Contempt of Court act that is regulated in Law Number 14 of 1985 jo Law Number 5 of 2004 concerning Supreme Court. This can certainly have implications for the possibility of criminalization of officials State Administrative Courts for the consequences of the non-compliance.

Pulung Hudoprakoso

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The settlement of state administrative disputes as a result of the issuance of a state administrative decision letter is the authority of the State Administrative Court as a judicial body appointed by the Law governing the State Administrative Court. Administrative efforts are a non-litigation settlement that must be taken before state administrative disputes are submitted to the State Administrative Court. Administrative efforts are expected to be the best solution before citizens submit their problems to the Court, so as to remove the paradigm that the actions of state administrative bodies or officials are always right and cannot be corrected.

Sirajuddin, Sirajuddin; Adianto Mau, Hedwig; Suryadi Bakry, Umar

DINAMIKA HUKUM 2023 Universitas Stikubank

The tender process at the Ministry of Transportation uses an Electronic Procurement System (SPSE) and a supporting system where the final results in the application tendered by the Selection Working Group are only in the form of Minutes of Election Results (BAHP), which are then reported to the Commitment Making Officer (PPK). to be followed up in the form of a Letter of Appointment of Goods/Services Provider (SPPBJ) whether to accept the results of the Working Group or reject it. In the process of determining this, it turned out that there was a legal debate which resulted in legal uncertainty where the Selection Working Group's determination was in the form of BAHP as the result which was used as the object of the lawsuit. Meanwhile, the opinion of the other panel of judges is inversely proportional to the BAHP issue as the object of this dispute. Apart from that, administrative efforts before filing a lawsuit were also a problem where some of the Panel of Judges passed the dismissal stage and some did not. From the results of the study it was found that the determination of the object of dispute state administrative decisions on the procurement of government goods/services, especially at the Ministry of Transportation of the Republic of Indonesia, was normatively in the basic regulations regarding Government Procurement of Goods/Services, showing the decision to determine the winner of the Working Group in the form of BAHP even though it required approval with PPK can be used as th e object of dispute in disputes over state administrative decisions. In addition, the results also show that the explanations and decisions at the State Administrative Court, the administrative e arrangements for the procurement of goods/services are objections and appeals and a guarantee of 1% (one percent).   Keywords: Procurement, goods/services, administrative decision.