Problems in people's access to justice in administrative proceedings

Abstract

This research aims to analyze the problems in people's access to justice in administrative proceedings. The research finds that the problem is: 1. Uncertainty in jurisdiction;   2. The conditions of judicial proceedings that require an appeal within the jurisdiction;  3. Determining a pre-trial measure of interim protection; 4. The effect of a ruling of the Court of Appeal that is immediately invalid, with retroactive or future impact;  5. The absence of certain regulations on administrative enforcement has prevented the prosecution from obtaining a judgment; 6. The need for more measures by the administrative court in accessing judicial proceedings. The research results suggest the following: 1. The law enforcement guidelines should be clearly defined in cases with multiple arguments to clarify the jurisdiction of the courts.; 2. A complainant who has applied internally to the administration can immediately diagnose an appeal to be able to prosecute the administration; 3. Determining a pre-trial measure of interim protection, it should be applied in conjunction with the introduction of protective measures in case of emergency under applicable law, coupled with administrative remedies in cases where the authorities fail to comply with temporary or delayed protective orders;   4. The judgment should be based on the principles of the constitutional interpretation of the ruling authority’s ruling, with retroactive and future effects; 5. Implementing the current legal measures in judicial enforcement cases to be more efficient; 6. Amending the regulations imposed by the General Assembly to provide assistance and support the cost of appointing assistances prosecuting people.