Tadulako Law Review (Jun 2023)
PRELIMINARY EXAMINATION FUNCTION IN STATE ADMINISTRATIVE DISPUTES IN STATE ADMINISTRATIVE COURT
Abstract
The State Administrative Court is one of the courts within the judiciary's jurisdiction authorized to resolve State Administrative disputes. State administrative disputes, through the State Administrative Court, are settled through ordinary and extraordinary procedures. Extraordinary procedures include checks with short events and checks with quick events. Settlement of state administrative disputes through the State Administrative Court begins with a lawsuit from a person or legal entity against a State Administrative Agency or Official. A preliminary examination will process claims that have been registered (already have a case registration number) before the dispute's subject matter is examined. The preliminary examination consists of deliberative meetings and preparatory examinations. At a deliberative meeting, the Chairperson of the State Administrative Court has the authority to determine, accompanied by reasons, that the claim cannot be accepted. Against the stipulation may be submitted legal remedies in the form of resistance. Short events check resistance. If the Court justifies the resistance, the determination is null and void, and the principal of the lawsuit will be examined in the usual way. If a plaintiff requests the dispute be examined by expedited proceedings, the request shall be determined in a deliberative meeting. Suppose an application for an examination with an expedited procedure is received. In that case, the examination is carried out by a single judge, and the time is expedited without going through a preparatory examination.
