EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM MEMBERIKAN KEADILAN ADMINISTRATIF TERHADAP PENCARI KEADILAN

LAZIRA, FATIATULO (2014) EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM MEMBERIKAN KEADILAN ADMINISTRATIF TERHADAP PENCARI KEADILAN. Jurnal Ilmu Hukum. pp. 1-17.

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Abstract

Administrative courts are one of the implementing judicial authority that examine, hear and decide disputed in the administrative field. They are expected to uphold the law and justice against those seeking justice. Justice in law is always closely related to the paradigm that is the starting point of the umbrella and court functionaries. There are three (3) critical periods, which the concept of justice is strongly influenced by the paradigmatic concept developed in the law itself among others, the pre-positivism, positivism developmental period, and the post-positivism. Each has a different perspective on justice. Nowadays, the dominance of legal positivism in the lawless practices in Indonesia has given rise the lameness justice because justice is not related to the value of subjectivity and ethical values of each individual but for the sacralization of the text that gave birth to procedural fairness. Therefore, the deconstruction of texts in law is an alternative to substantive justice as the essence of the existence of the law, so that administrative justice in administrative courts could be reached

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