Quo Vadis Pengecualian Kebijakan Dari Objek Gugatan di Pengadilan Tata Usaha Negara di Era Pandemi Covid-19

Ubaiyana, Ubaiyana and Falah, F. (2021) Quo Vadis Pengecualian Kebijakan Dari Objek Gugatan di Pengadilan Tata Usaha Negara di Era Pandemi Covid-19. De Jure: Jurnal Hukum dan Syar'iah, 13 (2). pp. 264-282. ISSN 20851618

[thumbnail of 367390-none-b8aa62d2.pdf] Text
367390-none-b8aa62d2.pdf - Published Version
Restricted to Registered users only

Download (271kB) | Request a copy

Abstract

The issuance of Perppu Number 1 of 2020 in the midst of the Covid-19 pandemic, has invited a number of controversies. One of the articles that also received criticism was Article 27 paragraph (3). Article a quo negates every action, including decisions, is not the object of the PTUN lawsuit. This is clearly contrary to the principle of the rule of law which guarantees the protection of the law and human rights. PTUN is one of the means of legal protection and human rights for people who are harmed by decisions or actions of state administration. By examining library materials or secondary data and using legislation, concepts, and historical approaches, this article will focus on two problem formulations, namely whether all actions and decisions according to the Perppu are included in the object of the PTUN lawsuit? and why are these actions and decisions excluded from the object of the Administrative Court lawsuit? After conducting an in-depth investigation, the actions and decisions based on the Perppu are indeed the objects of the PTUN lawsuit, but theoretically-juridically the exceptions from the object of the lawsuit mandated by the Perppu are justified. © 2021, Maulana Malik Ibrahim State Islamic University of Malang. All rights reserved.

Item Type: Article
Additional Information: cited By 0
Uncontrolled Keywords: policy; lawsuit; covid-19.
Subjects: K Law > K Law (General)
K Law > K Law (General) > K100-103 Legal education
K Law > K Law (General) > K85-89 Legal Research
Divisions: Faculty of Law > Undergraduate Program
Depositing User: Afni Isnaini Aprilia
Date Deposited: 28 Oct 2024 07:31
Last Modified: 28 Oct 2024 07:31
URI: https://ir.lib.ugm.ac.id/id/eprint/7356

Actions (login required)

View Item
View Item