EFEKTIVITAS PEMERIKSAAN DISMISSAL PROSES

Abstract

One of the main characteristics of the State Administrative Court that distinguishes it from other courts is the dismissal procedure, as explained in Article 62 of the State Administrative Court Law. In this process, cases submitted to the State Administrative Court are examined through a deliberation meeting led by the Chairman of the State Administrative Court. In this dismissal procedure, the Chairman of the State Administrative Court has the authority to determine that the lawsuit is inadmissible or not supported by sufficient evidence. The Chairman of the State Administrative Court can also explain why the decision was made. This writing will review the dismissal examination procedure in more detail because the article does not explain how the lawsuit will be examined in the process. This study uses a descriptive method with a qualitative approach. The types and sources of data used in this study are primary and secondary data. The results of this study are that the phrase "dismissal process" is not used in the State Administrative Court Law, but Article 62 of the State Administrative Court Law regulates this procedure. According to the State Administrative Court Law Article 62 paragraph (1), the Chairman of the Court, after careful consideration and in the event that the lawsuit submitted cannot be accepted for any reason, can make a decision in a deliberation meeting. Furthermore, regarding the dismissal process, it has several advantages for the judge and the public, one of which is that it makes it easier and more effective for the judge, because with this process the judge can immediately issue or not try a lawsuit that is not in his/her domain, thus saving time and speeding up the process in the court which seems long.