KAJIAN YURIDIS GUGATAN KEPUTUSAN KEPALA DESA TENTANG PENGANGKATAN SEKRETARIS DESA

Studi Pada Putusan Pengadilan Tata Usaha Negara Semarang Nomor: 56/G/2017/PTUN.SMG

Abstrak

The purpose of this study is to review and analyze the judges' considerations in deciding the lawsuit case of the Gunungreja Village Head Decree Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary in the Semarang State Administrative Court Decision Number 56/G/2017/ PTUN. SMG. Reviewing and analyzing the legal consequences of Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG regarding the lawsuit of the Gunungreja Village Head Decree Number: 141/6/VII/Th 2017 regarding the appointment of Muhammad Jumali as Village Secretary.
State Administration Disputes occur because there is a person or civil law entity who feels that his interests are harmed by a TUN Decision. Disputes can occur because the TUN body or official issues a decision in written form that is considered not in accordance with the law and harms the interests of the individual concerned.
The method of approach in this writing is normative juridical. The specification of this study uses analytical descriptive. The data source uses skunder data. Data collection techniques using document study studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The judges' consideration in deciding the lawsuit case Decree of the Head of Gunungreja Village Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary in the Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG by considering: 1) The arguments of the plaintiff's claim, 2) The defendant's exception, 3) The evidence submitted by the parties, 4) Witnesses and facts in the trial, 5) Article 17 of the Regional Regulation of Cilacap Regency Number 4 of 2016 concerning the Appointment and Dismissal of Village Apparatus, where the Panel of Judges believes that the Defendant in issuing the object of dispute a quo is not in accordance with the issuance procedure, did not pay attention to the Recommendation Letter of Sidareja Sub-District. The Defendant should have carried out the Screening and Re-screening of Village Equipment. Legal consequences of Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG regarding the lawsuit of the Decree of the Head of Gunungreja Village Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary, namely: (1) The Plaintiff has the opportunity to run again as village secretary in accordance with the provisions of Article 2 of the Regional
Regulation of Cilacap Regency Number 4 of 2016 concerning the Appointment and Dismissal of Village Officials. (2) The legal consequence for the Village Head is to re-implement the screening and screening of candidates for Village Apparatus as stipulated in Articles 11-13 of Cilacap Regency Regional Regulation Number 4 of 2016 concerning the Appointment and Dismissal of Village Apparatus.
Keywords: Village Head Decision Lawsuit, Nomination and Village Apparatus Network.