Ratio Decidendi in the Decision of State Administrative Case No.160/G/2018/PTUN.SBY

Moh. Saefulloh Ponco Eko; M.  Muhibbin; Suratman Suratman

Ratio Decidendi in the Decision of State Administrative Case No.160/G/2018/PTUN.SBY

Authors

Moh. Saefulloh Ponco Eko Fakultas Hukum, Universitas Islam Malang, Malang, Indonesia
M. Muhibbin Fakultas Hukum, Universitas Islam Malang, Malang, Indonesia
Suratman Suratman Fakultas Hukum, Universitas Islam Malang, Malang, Indonesia

Keywords:

Courts, Ratio Decidendi, State Administrative

Abstract

This study aims to examine the ratio decidendi which is the basis for the judge in issuing a decision in case No.160/G/2018/PTUN.SBY. In the litigation process, the ratio decidendi is an important aspect to determine whether the arguments of the lawsuit are rejected, granted, or partially granted. This research is included in the type of juridical-normative research conducted with a statutory approach (statue approach) and a case study approach (case study). This research uses secondary legal sources from various laws and regulations relating to state administrative courts, as well as legal materials from books, journals, and other literature studies relevant to legal issues. The results showed that the Panel of Judges of PTUN Surabaya considered the settlement of the case by using 3 testing parameters, namely in terms of authority to issue, in terms of formal procedures for issuance and in terms of the material substance of the object of dispute. the results showed that the ratio decidendi of the judge in Decision No.160/G/2018/PTUN.SBY, including, among others, the authority of the defendant as a state official, the formal procedure of the mechanism for issuing the letter that became the object of dispute, and the formal substance of the lawsuit.

References

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Habibi, D. (2019). Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht Sebagai Perlindungan Hukum Rakyat. Kanun Jurnal Ilmu Hukum, 21(1), 1–22.

Jhony Ibrahim. (2009). Legal Research Methods . Malang: Bayu Media.

Putri, T. B., Farida, N. Z., Haifa, A., & Adikancana, S. H. D. (2023). Analysis of the Development of the State Administrative Court System (Case Study of Decision No. 35/G/2019/PTUN. SRG). Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal, 3(1), 27–39.

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Published

2024-05-25

Issue

Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)

Section

Articles

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