Urgensi Peraturan Hukum Acara Penyelesaian Sengketa Tata Usaha Militer. (The Urgency of Procedural Law Regulations for Resolving Military Administrative Disputes).

Priyambodo, Bagus Adam (2025) Urgensi Peraturan Hukum Acara Penyelesaian Sengketa Tata Usaha Militer. (The Urgency of Procedural Law Regulations for Resolving Military Administrative Disputes). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Military Court is one of the executors of judicial power as regulated in Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The authority of Military Court is regulated by Law Number 31 of 1997 concerning Military Court (Military Court Law). Based on Article 9 of the Military Court Law, one of the Courts within the Military Court environment has the authority to examine, decide, and resolve Military Administrative disputes. However, according to Article 353 of the Military Court Law, specifically for military administrative procedural law, its implementation is regulated by Government Regulation no later than 3 (three) years since the Military Court Law was enacted. Until now, no Government Regulation has been formed, thus creating a normative vacuum. In writing this thesis, the purpose of this research is to determine the urgency of establishing procedural law regulations for resolving military administrative disputes and to determine the model of military administrative procedural law regulations. That the urgency of establishing regulations regarding Military Administrative Procedure Law is based on several reasons, namely to ensure that the Court within the scope of Military Justice can examine and decide military administrative disputes between individuals or civil legal entities with Military Administrative Agencies/Officials; To provide legal certainty for justice seekers; To prevent abuse of power by Military Administrative Agencies/Officials. The model of Military Administrative Procedure Law regulations can be equated with Military Administrative Procedure Law by paying attention to the special characteristics of military life. The Military Administrative Procedure Law Law in the future needs to have a separate Law and is separated from the Military Justice Law. However, the mechanism remains within the Military Justice environment. In conclusion, it is necessary to establish regulations on military administrative procedure law so that justice seekers get legal certainty.

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