PENGUJIAN KEPUTUSAN DISKRESI OLEHPENGADILAN TATA USAHA NEGARA

TL;DRAbstract

Eventhought there is no acts or rules about Guidance of Public Officer Discretion, but practically discretion decision already made by Public Officer and it results in sue of law from people in Administrative courts. This Thesys describes how discretion decision already made by Public Officer, and then how administrative court legitimate it and also for the future what things should be there in governments rule about Guidance of Public Officer Discretion. Practically, there are two kinds of discretion. Firstly, binding discretion which is the alternatives of decision already pointed in the acts or rules, in this kind, Public Officer can only choose of of them. Secondly, free discretion which is no alternatives of decision in the acts or rules. Discretion decision can only be done in emergency circumstances where the acts or rule can not solve the immediate problems and the emergency circumstances not caused by Public Officer it self. Administrative courts in legalizing the

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