Philosophical Implications of Ex-Tunc and Ex-Nunc Testing in State Administration Disputes

摘要

The constitution in all countries can almost be said to have reflected the division of legislative, executive, and judicial powers. The idea of separation of powers is the idea of Monstesquieu which teaches the importance of the separation of powers in a country. The State Administrative Court as one of the judicial powers (judicative) has the authority to test the validity of the State Administration Decree which is the object of the dispute can be tested ex-tunc or ex-nunc. Ex-tunc or ex-nunc testing is conducted be fore the judge gives the verdict. This research is a doctrinal research with a philosophical approach. The method used is qualitative. The first problem that arises is how the judge's considerations to apply ex tunc or ex nunc testing. The second problem, how philosophical implications with the implementation of ex tunc or ex nunc testing. The first objective of the study was to analyze the judges' considerations of applying ex tunc or ex nunc tests. The second objective is to analyze the philosophical implications of ex tunc or ex nunc testing. The results revealed that ex tunc testing meant that testing began from the preparations for the formation, the formation process until the issuance of the State Administration Decree. In other words ex tunc testing is retroactive. Ex nunc testing is done by taking into account the things that are happening right now by the passage of time the decision has been implemented and there have been changes both changes in regulations, conditions and government policies relating to the contents of the State Administrative Decision being sued. The philosophical implication is to realize justice through a state administration court decision.