LULIK TRI CADYANINGRUM, 090210125 (2004) INTERVENSI PIHAK KETIGA DALAM SENGKETA TATA USAHA NEGARA DALAM RANGKA PERLINDUNGAN HUKUM BAGI KEPENTINGAN PIHAK KETIGA. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Law No.5, 1986 besides provide legal protection to a person or a private legal body who feels that his interest has been infringed by an administrative decision, including provide the rights of third parties who has any interest in the dispute of other which examination, to provide an opportunity for intervention to safeguard such specifik interest, according in article 83. To come into operation Law No.9, 2004, article 83 more important for third parties, because article 118 already abolished which a third party who has never been a party during the examination of the dispute concerned according to the provision of article 83, can&#039;t opposition against the execution of a judgement which has already attained permanent legal force. To give legal protection for the third parties, that principle judge activity (dominus litis) has to be stand effectively. The judge who examining the case has to call the third party if he knew that the case has been concerned with the rights of third party. Particulary, Adminintrative Court decision to have the character &quot;erga omnes&quot; that is valid everybody, not only those who involve in the case matter, surely will loose the right for third party which has a good will if they have not an opportunity tosafeguard their rights or their interest. The judge who examining the case to call the third party and gives explanation about the case which stand in the process concerned with their rights. It is possible the decision in the case can to injure their rights or their interest. All judge explanation and resume from the third party whether they will involve to the case or not, has to be written at notification court session for to know that the third party has already had an opportunity to stand for provided their rights and their interest.</description

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