Implikasi Procedural Time-Limits atas Gugatan Keputusan Administrasi Negara (Studi Banding: Indonesia, Australia, Kanada)

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Abstract

The purpose of this study is to analyze the impact of the procedural time limit on state administrative decisions set out in the Administrative Law in Indonesia, Australia and Canada. The research method used by the writer is descriptive-comparative analysis. That is to conduct a comparative analysis of the impact of the procedural time limit on state administrative decisions in Indonesia, Australia and Canada based on the specified procedural time limit parameters. The results showed that the limit of ninety days after the announcement or receipt of a state administrative decision in Article 55 of Law Number 5 Year 1986 concerning State Administrative Courts has implications for the loss of the right of judicial review, the bias in the substance of the lawsuit, flexibility in judicial procedures, and weakened supervision of administrative decisions of state officials in Indonesia. In contrast to the procedural time limit provisions in commonwealth countries such as Australia and Canada, where the constitution features an extension of the procedural time limit and the discretion given to federal court judges to reject or accept claims, extending the lawsuit deadline, even though the deadline has expired.
Original languageEnglish
Pages (from-to)742-763
JournalAdministrative Law and Governance Journal
Volume3
Issue number4
Publication statusPublished - Dec 2020

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