LEGALANALYSIS RELATING TO THE REJECTION OF THE LAWSUIT AT THE JAKARTAADMINISTRATIVE COURT AND JAKARTA HIGH MILITARY II COURT REGARDING UNTUNG BUDIHARTO’S APPOINTMENT AS MAJOR GENERAL KODAM JAYA COMMANDER

Abstract

On January 10, 2022, the Kodam Jaya Command was officially handed over from Major General of the Indonesian National Armed Force Mulyo Aji to Major General Untung Budiharto through the TNI Commander’s Decree Number Kep/5/I/2022, caused much controversy because Untung Budiharto is a person with a criminal record in court The military to the record of gross human rights violations at Komnas HAM. Untung Budiharto’s appointment was also the main reason for civil society to sue at Jakarta Administrative Court and Jakarta Military High Court II, which unfortunately ended in unsatisfactory results that is the rejection of the lawsuit with the reason there was no Government Regulation concerning Military Administrative Procedure Law or the Commander Decree regarding Administrative Procedure Law (legal vacuum), even though it is regulated under Art.10 (1) Law 48/2009 Regarding Judicial Powers, where judges are forbidden from rejecting to handle a case filed on the grounds that there is legal vacuum or unclear law. So, based on the context above, the problem raised in this undergraduate thesis is how a judge should act when there is a legal vacuum, especially if it is related to the Rechtsvinding theory. The research methodology that is used is a juridical normative and qualitative technique by deductive conclusions drawn.