Idea Transcript
INTERNATIONAL PROGRAM LAW DEPARTMENT– UNIVERSITAS ISLAM INDONESIA Subject
: Law of Administrative Procedure
Department
: Law
Lecturer
: Nasrullah, SH, M.Ag, MCL
Email
:
Phone Credit (SKS) Pre-requisites Consultation times
: :2 : Administrative law :
Subject overview: The administrative law procedure is one form of judicative authority which has purpose to provide justice to people that happens in the field of administrative conflict. “People” in this context mean people who have Indonesian nationality, non-Indonesian/foreigners and legal entity who seek justice in Administrative court. The purpose of administrative law procedure is to settle the dispute between people and the government apparatuses. Historically, the law of administrative procedure in Indonesia cannot be separated from European administrative law. The Law number 7 of year 1991 and law no. 5 of year 1986 become the legal basis of the establishment of Indonesian administrative court. Initially, administrative court was not part of the judicative authority which is governed under Supreme Court until article number 10 of Law number 14 of year 1970 judicative power was issued. Therefore, administrative court as one of 4 parts of judicative authority which is governed under Supreme Court is important to learn about especially its mechanism in providing people with justice. Subject Objectives The students are expected to understand and to be able to have practical skill of the standard of administrative law procedure in Indonesia. It is hoped that the students are able to understand the purpose of administrative law procedure as protection on people’s rights against whom become victim of unfair treatment from government apparatuses that commit detournement de pouvoir, willekeur action or commit actions that are against the principles of good governance. Materials and References
Textbooks:
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Indroharto, Usaha Memahami Undang-Undang Tentang Peradilan Tata Usaha Negara, Buku I Cetakan Keenam Pustaka Sinar Harapan, Jakarta 1996 ________, Usaha Memahami Undang-Undang Tentang Peradilan Tata Usaha Negara, Buku II, Cetakan Keenam Pustaka Sinar Harapan, Jakarta, 1996. M. Tahir Azhari, Negara Hukum Suatu Studi Tentang Prinsip-Prinsipnya Dilihat Dari Segi Hukum Islam, Imlementasinya Pada Periode Negara Madinah Dan Masa Kini, Penerbit Bulan Bintang, Jakarta, 1992. O.C. Kaligis, Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia. Buku I, Penerbit Alumni Bandung,1999. O.C. Kaligis, Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia. Buku II, Penerbit Alumni Bandung,1999 Paulus Effendi Lotulung (Penyusun), Himpunan Makalah Asas-Asas Umum Pemerintahan Yang Baik (Aaupb) Cetakan Pertama, Penerbit PT Citra Aditya Bakti, Bandung, 1989. Philipus M, Hajon, Perlindungan Hukum Bagi Rakyat Di Indonesia, PT. Bina Ilmu Surabaya, 1987. Sajtipto Raharjo, Ilmu Hukum, Penerbit Alumni Bandung, 1986 S.F. Marbun, Peradilan Administrasi Negara Dan Upaya Administratif Di Indonesia, Penerbit Liberty, Yogyakarta, 1997 Sjachan Basah, Eksistensi Dan Tolok Ukur Badan Peradilan Administrasi Di Indonesia, Alumni Bandung, 1985. Soedikno Mertokoesoemo, Hukum Acara Perdata Indonesia, Cetakan Pertama, Edisi Kedua, Penerbit Liberty, Yogyakarta 1985. Wicipto Setiadi, Hukum Acara Pengadilan Tata Usaha Negara, Suatu Perbandingan. PT Raja Grafindo Persada, Jakarta, 1994. Wiryono Projodikoro, Hukum Acara Perdata Indonesia, Cetakan Ke Sebelas, penerbit Sumur Bandung, 1982. Zairin Harahap, Hukum Acara Peradilan Tata Usaha Negara.PT.Raja Grafindo Persada, Jkt, 1997.
Assessment The final grade will be determined by a composite evaluation of the student’s performance based on the following assessment table: Task
Value Deadline
Assignments
15%
Before first exam period (week 7) and before second exam period (week 15)
Class participation
5%
During the semester
Essays
20%
During the first half of semester (week 5) and the second half of semester (week 13)
Mid-term exams
30%
During first exam period (week 8)
Final exam
30%
During second exam period (week 16)
Essays In order to assess student understanding on administrative law procedure subject, the students are obliged to compose an individual paper which has topic about the issues on administrative law procedure in Indonesia. The task will be issued in week 5, while the submission of judge decision must be conducted before the mid-term exam (week 7). For the second essay task, the students are obliged to compose an individual judge decision of administrative court over a fictive case. The essay will be issued in week 12, while the submission of judge decision must be conducted before the final-term exam (week 15). Assignments Group presentation is the only form of assignment that students have to compose. The first phase of group presentation will be conducted during the first half of semester. In this task, the students must make a group presentation about the types of administrative dispute settlement. The task will be issued in week 5, while the group presentation will be conducted before mid-term exam (week 7). The second phase of group presentation will discuss on types of legal remedies in administrative court. The task will be issued in week 13, while the group presentation will be conducted before final-term exam (week 15). Examination The mid-term exam will be held as scheduled by the Faculty of Law. The final exam will be held at the end of semester. The exam questions consist of several short answer and the students are asked to make analysis on certain case on administrative law procedure. The exams are 90 minutes in duration. Class participation Class participation is one important element of assessments on students who are active during class session. It is accumulatively acquired during question and answer session in class (for whole semester)
Grading System:
Total
Grade
Total
Grade
86-100
A
61-63
C+
83-85
A-
56-60
C
80-82
A/B
53-55
C-
76-79
B+
49-52
C/D
71-75
B
45-48
D+
68-70
B-
35-44
D
64-67
B/C
0-34
E
Policy on assessment Essays and assignments will not be accepted after the due date unless arrangements for an extension of time have been made prior to the due date. If students do not agree with the result that you achieve for any piece of assessment for this subject please contact the lecturer immediately. They have a right to know the reasons why your work has received a certain grade and to request a better grade if they believe that their work has been unfairly assessed.