IMPLEMENTATION SUSPENSION OF STATE ADMINISTRATIVE DECISION BY THE STATE ADMINISTRATIVE COURT
Abstract: Based on the
principle of presumption Rechmatiq / Praesumptio iustae causa that the decision
of the State Administrative (KTUN) should be considered legal until there is a
court decision stating the contrary, it is in order that the task of the government
is viable in particular to provide protection, public services and welfare for
people, but as a counterweight to provide legal protection to the interests of
the plaintiff, the judge may issue a suspension in the implementation.
Stipulation is a legal product that was originated from the requests (no
dispute) but in this case there is a dispute over the State Administration, but
the judge may issue a stipulation of the suspension.
Keywords: Implementation
Suspension of State Administrative Decisions lead to law situation/condition
(rechtstoestand) back to the former state or position (restitutio in integrum)
prior to the decision of the State Administrative being disputed
Author: Asmuni
Journal Code: jphukumgg130047
