Ultra Vires of the District Court in the Annulment of State Regulations

Arter Lukas Tulia

doi:10.47134/jcl.v2i4.4876

Authors

Arter Lukas Tulia Faculty of Law, Gadjah Mada University, Yogyakarta, Indonesia

DOI:

https://doi.org/10.47134/jcl.v2i4.4876

Keywords:

Ultra Vires, District Court, Cancellation of State Regulations service, education

Abstract

This study discusses the ultra vires phenomenon carried out by the District Court in canceling state regulations, a legal product of a traditional village in Central Maluku. This study highlights the provisions on the division of absolute and relative authority in the Indonesian judicial system based on Law Number 48 of 2009 concerning Judicial Power, and examines the position of state regulations according to Law Number 12 of 2011 concerning the Formation of Legislation and Law Number 3 of 2024 concerning Villages. By using normative legal research methods through case, statutory, and conceptual approaches, this study finds that state regulations are part of laws and regulations that have binding legal force because they are formed based on the authority and provisions for the formation of laws and regulations. However, the practice of canceling state regulations by the District Court, as in the case examined and tried and decided by the Ambon District Court, is an ultra vires act because the authority to test regulations under the law lies with the Supreme Court. This study emphasizes the need for consistency in the application of judicial authority for the sake of legal certainty and protection of the rights of indigenous peoples.

References

Adi Sulistiyono and Isharyanto, (2018), The Judicial System in Indonesia in Theory and Practice, Depok: Prenadamedia Groub, 2018

Bambang Daru Nugroho, (2017), Indonesian Civil Law, Bandung : PT Refika Aditama

Fakhry Amin, et.al, (2023), Legal Science, Banten: PT. Sada Kurnia Pustaka

Muhaimin, (2020), Legal Research Methods, Mataram: Mataram University Press

Umarwan Sutopo, (2021), Introduction to Legal Procedure in Indonesia, Ponorogo: Synergy of Digiprint's Noble Works

Wisnu Agung Nugroho, et.al, (2024), Legal & Judicial System in Indonesia, Jambi: PT. Sonpedia Publishing Indonesia

Ahmad Heru Romadhon, et.al, (2018), The Dynamics of Customary Village Government Institutions in the Dimension of Constitutional Law, Journal of Bhakti Media Law, Vol 2, No. 2, 127-37 https://doi.org/10.32501/jhmb.v2i2.25

Dio Siaga Putra and Ansorullah, (2022), The Authority of the Supreme Court in Judicial Review of Laws and Regulations Under the Law, Limbago Journal: Journal of Constitutional Law, Vol 2, No. 1 https://doi.org/10.22437/limbago.v2i1.17590

Elfira Lelapary, et.al, (2024), The Legitimacy of the Determination of State Status in Teon District, Nila, Serua, Central Maluku Regency as an Customary Village, Saniri Journal, Vol 4, N0. 2, 69 – 85 https://doi.org/10.47268/saniri.v4i2.2177.

Hairul Maksum, (2020), Limitations on the Authority to Adjudicate the General Court in Dispute Resolution of Unlawful Acts Involving State Entities or Government Officials (Reviewed from Supreme Court Regulation Number 2 of 2019), Jurnal Juridica, Vol 2, No. 1 https://doi.org/10.46601/juridica.v2i1.178

Maisarah, (2015), Relative and Absolute Competence Between Islamic Courts in Indonesia and General Courts. Al-Fikrah Journal, Vol 4 No. 2, 188-202 https://ejournal.unisai.ac.id/index.php/jiaf/article/view/335

Maruarar Siahaan, (2020), Constitutional Integration of Judicial Review Authority of the Constitutional Court and the Supreme Court, Constitutional Journal, Vol 17, No. 4 https://doi.org/10.31078/jk1742

Yohanes Pattinasarany, (2015), The Role of Local Governments in Determining State Boundaries, SASI Journal, Vol. 21, No. 2 https://doi.org/10.47268/sasi.v21i2.187.

Zaeni Dahlan and Ian Aji Hermawan, (2019), Juridical Review of Relative Competency Exceptions in Civil Cases, Journal of Social Sciences and Humanities, Vol. 2 No. 1 https://doi.org/10.54622/academia.v2i1.30

Zir Nuriyah Mustari, et.al, (2023), Absolute Competence of District Courts in Adjudicating State Administrative Disputes (Case Analysis of Decision No. 13/Pdt.G/2020/Pn.Pmk), Yustitia Journal, Vol 24, No. 2 https://doi.org/ 10.53712/Yustitia.V24i2.2185