PARADIGMA BARU PUTUSAN PTUN MENUJU PERADILAN MODERN DAN BERMARTABAT

Abstract

The new paradigm in the decisions of the State Administrative Court (PTUN) aims to establish a modern and dignified judiciary through the integration of substantive justice, utility, and legal certainty. As a judicial institution handling administrative disputes, PTUN plays a vital role in preventing the abuse of authority by public officials. However, the traditional paradigm that only assesses legality (rechtmatig) has evolved to accommodate philosophical and sociological approaches. PTUN judges, as agents of change, are required to explore justice values based on societal realities through legal hermeneutics and progressive approaches. This new paradigm encourages judges not only to apply the law normatively (judge as a mouthpiece of law) but also to engage in rechtvinding (law discovery) and rechtschepping (law creation) when legal rules are unclear or unavailable. Furthermore, judges may take contra legem actions if the application of laws conflicts with the sense of justice in society. Decisions embodying substantive justice emphasize fundamental truth over formal truth, reflecting the independence and professionalism of judges in maintaining judicial dignity. The institution of dissenting opinion also plays a significant role in this new paradigm. Despite having a legal basis, its application in PTUN remains limited. Dissenting opinions allow for conceptual debates among judges, enhance decision quality, and uphold judicial accountability. Cultural transformation from corruption to dignity is a crucial factor in supporting changes in judges' mindsets. Thus, the new PTUN paradigm not only focuses on law enforcement but also emphasizes justice, utility, and integrity, fostering a judiciary that is modern, responsive, and dignified. This study adopts a qualitative approach using library research methods. Data were collected from primary legal sources, such as laws and court decisions, as well as secondary legal sources, including books, scientific journals, and academic articles on judicial paradigms. Data analysis was conducted descriptively and analytically to identify the paradigm shift in PTUN decisions, focusing on the application of justice values, the implementation of general principles of good governance, and the influence of dissenting opinions on decision quality. The study also explores the impact of judges' mindsets and cultural settings in shaping a more dignified judiciary. The findings reveal that implementing this new paradigm can encourage state administrative courts to be more responsive to societal needs and more adaptable to social changes while maintaining the integrity and credibility of judicial institutions amid the challenges of a corrupt culture.

Keywords: Paradigm; PTUN Decisions; Modern Judiciary; Dignity