Opportunities for the Formation of the Moot Administrative Courts from A SWOT Analysis Perspective

Abstract

Various alternatives to reduce the number of State Administrative Disputes that must be tried by the State Administrative Court and the High State Administrative Court have been carried out. Among the alternatives offered is through the establishment of a moot administrative court within the government. This research raises two problem formulations, namely how is the position of the Moot Court in resolving State Administrative Disputes and how the opportunities for the formation of a Moot Administrative Court in the Perspective of SWOT Analysis. This study aims to describe the moot court arrangement in Indonesia as well as to offer the establishment of a moot administrative court based on the analysis of Strengths, Weakness, Opportunities, and Threats (SWOT). The research method used is juridical normative with the statue approach, conceptual approach, and case approach. Sources of legal materials in this study consist of primary sources of legal materials, sources of secondary legal materials, and sources of tertiary legal materials. The results of the research state that the arrangements regarding the position, nature, and implications of the moot court position are inconsistent between one statute and another. It is caused by the process of resolving state administrative disputes through the moot court to have legal certainty and do not provide fair legal protection for people seeking justice. Therefore, it is necessary to establish a moot administrative court. Based on the SWOT variable, the establishment of a moot administrative court within the government has sufficient strength and opportunity. However, it cannot be denied that there are also weaknesses and threats. It is necessary to develop a strategy that maximizes strengths and opportunities and eliminates weaknesses and threats so that a moot administrative court is formed that can provide protection and legal certainty that is just for the people who seek justice.