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the position of the attorney's request for information in corruption caseinvestigation as the object of the application for abuse of authority in the stateadministrative court (study of decision number: 25 / g / 2015 / ptun-mdn)
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نویسنده
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nurianti leni eva ,yuslim ,khairani
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 6 - صفحه:590 -612
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چکیده
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The absolute authority of the state administrative court in examining, deciding and resolvingstate administrative disputes is based on objects in the form of decisions and / or actions regulated in thestate administrative court law (peratun law) and the government administration law (ap law).in decision number: 25 / g / 2015 / ptun-mdn, the prosecutor's request for information is placed asthe object of the request for abuse of authority. based on these facts, normative legal research is carriedout which aims to examine and analyze cases (case approach) with the statute approach and otherregulations related to legal issues regarding how the limits of abuse of power are the absolute competenceof the state administrative court and what is the position. request for a statement from the attorneygeneral's office in investigating corruption cases in the procedural law of the state administrativecourt. the conclusion of the research results is that the limit of abuse of power which is the absolutecompetence of the state administrative court is a decision and / or action as normalized in theadministrative law and the government administration law. the absence of procedural norms on abuseof authority in the administrative court law makes judges and lawyers inaccurate in determining thelegal basis for placing the prosecutor's request for information as an object in the application for abuse ofpower when case number: 25 / g / 2015 / ptun-mdn is rolling in the medan state administrativecourt. the norm vacancy is filled by supreme court regulation number 4 of 2015 which limits theabsolute competence of the state administrative court in applications for abuse of power after the resultsof the supervision of government internal supervisory apparatus and prior to criminal proceedings. theprosecutor's request for information issued based on the provisions of the criminal procedure code(kuhap) cannot be placed as an object based on the norms of article 2 letter d of law number 9 of2004, so the author advises the president and / or the house of representatives to design amendments tothe administrative law so that it is harmonious with the new norms presented by the governmentadministration law and it is hoped that judges and lawyers as law enforcers and justice carry out thenorms of the law ethically so that they do not get lost in determining the object of the application forabuse of power.
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کلیدواژه
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state administration decision ,absolute competence ,abuse of authority
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آدرس
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andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia
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Authors
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