Philosophical, Juridical, and Historical Review of TUN Dispute Resolution Including State Civil Officer Disputes Post Administrative Efforts

Graduate Study of Law, Universitas Muhammadiyah Mataram, Indonesia

^* Corresponding Author: firzhal.arzhi@ummat.ac.id

Abstract

This research aims to determine and analyze the philosophical, juridical, and historical review of State Administrative Court (PTUN) dispute resolution, including state civil officer disputes after administrative efforts. The method used in this research is normative-empirical legal research with a statutory approach, conceptual approach, case approach, and sociological approach. With the concept of Administrative Efforts, there is a legal problem, namely the disharmony in the regulation of administrative efforts as regulated in Article 48 of Act Number 5 of 1986 with those regulated in Articles 75 to Article 78 of Act Number 30 of 2014 and the Circular Letter of the Supreme Court Republic of Indonesia Number 1 of 2017 letter E number 3 and Supreme Court Regulation Number 6 of 2018. Based on the results of the research, combining State Administrative (TUN) dispute resolution after Administrative Efforts based on Act No. 5 of 1986 and Act Number 30 of 2014, a judicial system has been implicitly formed. The integrated administrative justice system is perfect because all TUN and/or Government Administration dispute resolution is first through administrative efforts. The regulation of administrative efforts in Act No. 5/1986 and the regulation of administrative efforts in Act No. 30 2014 cover each other and complement each other, with Administrative Efforts as a premium remedium and PTUN institutions as the ultimum remedium.