PHILOSOPHICAL IMPLICATIONS OF EX TUNC AND EX NUNC EXAMINATION IN STATE ADMINISTRATIVE DISPUTES
Untoro and Muhani Jibi
FACULTY OF LAW, ISLAMIC UNIVERSITY JAKARTA
Abstract
ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.
Keywords: ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.
Topic: Administratif Law