DISMISSAL PROCESS IN THE STATE ADMINISTRATIVE COURT

Abstract

Indonesia is a rule of law country. The rule of law in its development demands the development of administrative justice so that Indonesia forms the State Administrative Court (PTUN). PTUN is now implemented based on Law Number 51 of 2009 concerning PTUN. In the procedural law of the PTUN, there is a dismissal determination by the Chief Justice which aims to determine the Absolute Competency of the PTUN. The problems discussed are 1). What are the current regulations regarding dismissal poses in the State Administrative Court? and 2). What legal remedies can be taken against the dismissal process? The research method used is normative juridical, referring to legal norms contained in statutory regulations and court decisions as well as legal norms that exist in society. Research results 1). The dismissal process is based on Article 62 of the PTUN Law which has implications for screening claims, whether they can proceed to the preparatory examination stage or whether they are rejected. 2). Regarding the dismissal process, the plaintiff still has a legal opportunity, namely in accordance with Article 62 paragraph (3) letter a of the PTUN Law, which explains that the plaintiff can submit legal action in the form of opposition to the court within a period of 14 (fourteen) days after the dismissal decision is pronounced