Checks And Balances Mechanism In The Dismissal Process Of Proceedings Before The State Administrative Court
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Description
The State Administrative Court (Peradilan Tata Usaha Negara or PTUN) plays an important role in ensuring legal protection and legal certainty for citizens against governmental actions within the framework of a state governed by the rule of law. As part of Indonesia’s administrative justice system, PTUN functions as a mechanism of checks and balances over decisions and actions taken by state administrative agencies and officials. One of the distinctive procedural mechanisms in PTUN proceedings is the dismissal process, which serves as a preliminary judicial screening stage before a case proceeds to substantive examination. This study aims to analyze the practical implementation of proceedings before the State Administrative Court and examine the role of the dismissal process in realizing checks and balances within administrative adjudication. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of legislation governing the State Administrative Court and Government Administration, supported by non-participatory observation and interviews with judicial personnel. Secondary legal materials include books, journal articles, and court decisions. The collected materials were analyzed qualitatively through a descriptive approach. The findings indicate that PTUN has undergone procedural developments through the implementation of electronic court services, although challenges related to infrastructure, human resources, and legal interpretation remain. Furthermore, the dismissal process functions effectively as a judicial filtering mechanism by preventing claims that fail to satisfy jurisdictional, procedural, or substantive requirements from proceeding to a full hearing. The availability of legal remedies against dismissal determinations also demonstrates the operation of checks and balances within the procedural framework of PTUN. Therefore, the dismissal process contributes significantly to judicial efficiency, legal certainty, and the realization of simple, expeditious, and low-cost justice, while strengthening the implementation of good governance principles in Indonesia’s administrative justice system.
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ISRGJAHSS1007042026.pdf
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