Karya Ilmiah
DISERTASI (184) - Perlindungan Hukum Dari Perbuatan Hukum Publik Oleh Pemerintah Yang Merugikan Masyarakat Dalam Sistem Peradilan Tata Usaha Negara
Indonesia is a welfare State Country, as a welfare state, the position of the goverment
is not only as the one who have the authority but also as the public services, so must
take an active role in order to serve due to embody of people. The goverment has two
obligation, which are as an organ to enforce the law and the organ to give the law
protection for the people and goverment itself. People is protect to the act of the
goverment which is caused the damaget, while goverment protection conduct to the
act of the goverment which is justified by law. The purpose of legal protection to the
people is due to the conduct of it authority must be go along well the law and the
guarantee for people in order to ask for the responsibility to the goverment for the act
that caused the damage, whether in privaatrechtelijk or publiekrechtelijk, and restore
it. The form of legal protection for people of the goverment act in public law would
be like legal protection in non judicial and judicial protection. In essense, the judicial
legal protection enforcement through the court as the ultimum remedium under the
State administrative Court system. Normatively, people who have cause damaged due
to the goverment act may apply a claim in court and also through the administrative
effort before apply to the court. The effort to procedural justice for people,
demanding the system which is obliged to have the administrative effort first before
apply in the in the court as an Integrated Administrative Justice System. The
Dissertation is try to analysis about the essential of the public law by the goverment,
ratio legis of the non judicial legal protection to the public law by the goverment also
the law enforcement due to the goverment act that caused the damage for the people.
KeyWords: Damaged for People, Goverment Act, Legal Protection
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