EKSISTENSI ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK SEBAGAI DASAR PENGUJIAN KEABSAHAN KEPUTUSAN TATA USAHA NEGARA Dl PERADILAN TATA USAHA NEGARA

Soehartono Soehartono

Abstract

The basis of legality authentication on state administrative decision (berschikking) is that the state administrative decision is charged as in contradictory with the legislationprevailingand the general principles
of good governance. Such the provision is governed in Article 53 clause (2) a,b, Act Number 9 of 2004 about PTUN, as the firstamendment to the Act Number 5 of 1986 about PTUN. The existence of good governance general principles in the Act Number 5 of 1986 has not been confirmed as legal norm, but in the Act Number 9 of 2004, the general principles of good governance (AAUPB) have been confirmed in fonnaljuridicalway as the legal norm. Inthe presence ofsuch the confirmation, various opinions raise, on the one hand, the presence ofAAUPB confirmation restricts thejudge's movement, so that the existence of AAUPBremains to be ethics and is not necessary to be includedinto the Act. AAUPBis bettergrowing and developing in non-written legal norm as code of ethics. On the otherhand, some people argues that AUPB continued in formaljuridical way as a legal norm is not a problem, because thejudge in the society change and development is required to be more active, creative, future oriented and not handcuffedby normative rules as the legal positivism tenet prioritizing more the proceduraljustice. Thejudge may not be bound by the written convention only but should also explore the legal values and sense ofjustice living within the society as mandatedby thejurisdictionallaw. TheJudge interprets and constructslaw to produces a verdict emphasizing on the justice the society expects.

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