SUMBER HUKUM HATUN | HUKUM ACARA TATA USAHA NEGARA #belajarhukum

Summary

This video, presented by Ahmad Raihan, discusses the sources of procedural law in Indonesia's State Administrative Court. The discussion is divided into two categories: written and unwritten sources. Written sources include laws and regulations such as Pancasila, the 1945 Constitution, and various judicial and administrative laws. Unwritten sources cover general principles of good governance, including fairness, legal certainty, and proper authority usage. The speaker emphasizes the dynamic nature of law, which evolves with societal needs. The video aims to deepen viewers' understanding of administrative law and its application.

Takeaways

• 📚 The video discusses the sources of procedural law in the State Administrative Court, which are divided into written and unwritten sources.
• 📄 Written legal sources include laws, government regulations, and Supreme Court regulations related to State Administrative Court procedures.
• ⚖️ The main written sources of law are the Indonesian Constitution, Law No. 5 of 1986 (State Administrative Court), and its amendments in Law No. 9 of 2004 and Law No. 51 of 2009.
• 📜 Law No. 30 of 2014 on Government Administration and Law No. 11 of 2020 on Job Creation are also key written sources of law.
• 📖 Pancasila, particularly the fifth principle about social justice, is a foundation for legal decisions within the State Administrative Court.
• 📝 The Supreme Court's practices, judgments, and expert opinions contribute to the written sources of administrative law.
• 💼 Unwritten legal sources include general principles of good governance (asas-asas umum pemerintahan yang baik).
• 🔍 These principles guide government officials in making fair decisions without abuse of authority.
• ⚙️ Some principles, like legal certainty, fairness, and appropriate decision-making, are critical for upholding justice in administrative decisions.
• 🔄 Legal principles can evolve over time, as law is considered 'living' and adaptable to societal changes.

Q & A

What are the two main sources of law in the administrative court procedures?

The two main sources of law in administrative court procedures are written law and unwritten law.

What constitutes the written sources of law for administrative court procedures?

Written sources include laws and regulations such as those from the legislative bodies, government regulations, and Supreme Court rulings. Examples include the laws related to administrative courts, judicial power, and public administration.

What is an example of a law considered a written source for administrative court procedures?

One example is Law No. 30 of 2014 on Public Administration, which governs the general administration of government, or Law No. 5 of 1986 on Administrative Court Procedures.

Why is Pancasila considered a source of law in administrative court procedures?

Pancasila, particularly the fifth principle ('social justice for all Indonesian people'), is considered a source of law because it provides the foundation for justice, which is central to court decisions involving citizens and the state.

What is the role of Law No. 5 of 1986 in administrative court procedures?

Law No. 5 of 1986 is the first law that specifically regulated the administrative court, establishing the procedures for resolving disputes between citizens and government officials.

What are some examples of unwritten sources of law in administrative court procedures?

Unwritten sources of law include general principles of good governance, such as fairness, justice, and not abusing authority.

Why are the general principles of good governance considered unwritten sources of law?

These principles are unwritten because they are not always explicitly outlined in legal texts but must still be followed by government officials when making decisions to avoid arbitrary actions.

What are some of the key principles included in the general principles of good governance?

Some key principles are legal certainty, equality in decision-making, careful actions, motivation behind decisions, and fairness.

How do unwritten principles influence decisions in administrative courts?

Unwritten principles guide government officials and courts in making decisions that uphold fairness and justice, ensuring that no abuse of power occurs in administrative actions.

How does the legal system adapt to new developments in unwritten sources of law?

The legal system evolves as new principles of good governance emerge, allowing laws to remain relevant and just in the face of societal changes and challenges.