STUDI KASUS PUTUSAN PTUN NO: 73/G/2012/PTUN-JKT MENGENAI PENUNDAAN PEMBERHENTIAN AGUSRIN M NAJAMUDIN DAN PENGANGKATAN JUNAIDI HAMZAH SEBAGAI GUBERNUR BENGKULU PERIODE 2010-2015

Oktora, Khairizo and Ardilafiza, Ardilafiza and Jony, Simamora (2013) STUDI KASUS PUTUSAN PTUN NO: 73/G/2012/PTUN-JKT MENGENAI PENUNDAAN PEMBERHENTIAN AGUSRIN M NAJAMUDIN DAN PENGANGKATAN JUNAIDI HAMZAH SEBAGAI GUBERNUR BENGKULU PERIODE 2010-2015. Undergraduated thesis, Fakultas Hukum, UNIB.

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Abstract

The dismissal of the head of regional Office of a revocation is head of the area either by directly by the President or through the approval of PARLIAMENT. Pemberhenti head area often bring legal consequences for the intended party or parties who feel aggrieved kepentingnganya, so it's not uncommon disputes brought kehadapan the court hearing. One example of the dispute which brought kehadapan the court hearing that the State Administrative Court ruling No. 73/G/2012/PTUN.JKT, a case of dispute in which the President through the Secretary of the Interior to stop doing Agusrin M Najamudin as Governor of Bengkulu and as his successor, Deputy Bengkulu Gubenur prepared for was sworn in as Governor of the definitive Beng ¬ kulu. Legal basis the process stops and the inauguration had been poured through the Presidential Decree Number 40 in 2012 and a Presidential Decree Number 48 in 2012. referring to article 30, paragraph (2) and article 35, paragraph (1) of law No. 32 of 2004 Jo. Act No. 12 of 2008. dikarnakan has been convicted of Agusrin M Najamudin for four years by the Supreme Court of Cassation ruling with the case through corruption budget income and expenditure the Beng ¬ Rp24 billion worth of kulu. The purpose of doing research is to find out if verdicts PTUN No. 73/G/PTUNJKT/2012-JKT regarding the postponement of the discharge Agusrin M Najamudin and appointment of Hamzah as Governor of Bengkulu Thys Michels in accordance with the legislation on the courts of the State. This research uses the normative, juridical approach to studying and reviewing the applicable legislation and competent to be used as the basis to do problem solving. Of research results can be known that cause factor ditundanya pemberntian Agusrin M Najamudin and pengakatan H Thys Michels Hamzah and verdict PTUN No. 73/G/PTUN-JKT/2012 have violated the law or not. The conclusions of this study that the Presidential Decree Number 40 in 2012 and a Presidential Decree Number 48 in 2012, is based on the law then delay pemberntian Agusrin M Najamudin and pengakatan H Thys Michels Hamzah had violated article 30, paragraph (2) and article 35, paragraph (1) of law No. 32 of 2004 Jo. Act No. 12 of 2008 and No: 73/G/PTUN-JKT/2012 concerning the verdict between incompatible with legal certainty because breaking 30 paragraph (2) Act No. 32 of 2004 Jo. Act No. 12 of 2008 and melangga article 67 the letter b as well as the violation of article 59, paragraph 3 of Act No. 17 of 1986 Jo. Act No. 9 of 2004 while the final verdict of the violation of article 25, paragraph (1) of Act No. 4 of 2004 concerning the verdict With reasons (Plicht Motiverings).

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