ASAS PRADUGA RECHTMATIGE DALAM PERATURAN PERIZINAN USAHA PERDAGANGAN

winarno, ronny (2018) ASAS PRADUGA RECHTMATIGE DALAM PERATURAN PERIZINAN USAHA PERDAGANGAN. Arena Hukum Universitas Brawijaya, 11 (3). pp. 520-539. ISSN 2527-4406

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Abstract

Regulation of the Minister of Trade of the Republic of Indoneisa No.36/M-Dag/Per/9/2007 concerning the Issuance of Trading Business License (SIUP), regulates every company, cooperative, partnership or individual company which conducts trade business must have SIUP issued by permit agency. SIUP serves as a proof of trade business and aims to provide business legality. According to Law No.5 of 1986 on the State Administrative Court (TUN Judiciary), SIUP is categorized by TUN’s concrete, individual and fi nal decisions. SIUP is binding and has legal force. Here is the proof method, if the SIUP is sued for its legal validity, then the principle of presumption of rechtmatige applies. The aim is to prove that SIUP as a TUN decision can tested and decided by the TUN court in accordance with article 48 of Law No.5 of 1986, where court will resolve the TUN dispute if all administrative eff orts concerned have been used. As long as there is no decision of TUN court in the form of inkracht, which declares null and void on the decision of TUN, and then SIUP shall remain valid (rechtmatige). So the position of the presumption principle of rechtmatige can be a determinant of whether there is an element action against the law. Key words: SIUP, TUN Decision, PTUN Ruling

Item Type:	Article
Uncontrolled Keywords:	SIUP, TUN Decision, PTUN Ruling
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > School of Law
Depositing User:	Dr. Ronny Winarno
Date Deposited:	23 Jul 2020 04:10
Last Modified:	23 Jul 2020 04:10
URI:	http://repository.unmerpas.ac.id/id/eprint/7

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