ANALISIS YURIDIS PUTUSAN NOMOR 37/G/2020/PTUN.SBY TENTANG SENGKETA PEMILIHAN KEPALA DESA

This research aims to analyze the suitability of the judge's decision with the general principles of good governance (AUPB) related to the problem of analyzing the general principles of good governance in influencing the judge's decision, as well as the suitability of the judge's decision in the village head election dispute as well as factors inhibiting the process of resolving candidate legal cases. Village Head based on Gustav Radbruch's theory. In this research, the research method used was to examine court decisions using a normative juridical approach. The results of the research showed that in the dispute over the election of the Head of Matanair Village, the judge's decision using the application of AUPB was seen when the State Administrative Court (PTUN) examined the validity of administrative documents. This dispute shows how administrative violations (such as replacing a diploma) which, after being checked regarding its validity, belong to another person who happens to have the same name, become the basis for a lawsuit, which is then assessed based on AUPB principles. The PTUN decision decided that candidates who committed administrative violations were not worthy of being appointed, and the regent must appoint plaintiffs who met the requirements. The PTUN applied the principles of justice, expediency and legal certainty based on Gustav Radbruch's theory. The court was of the opinion that the elected village head candidate had committed an administrative violation by using an invalid certificate replacement document, so that his inauguration was legally flawed. Therefore, the PTUN decided to appoint the plaintiff who had fulfilled all administrative requirements as elected village head. This decision is based on substantive justice, provides legal certainty, and considers the benefits for village communities so that the wheels of government run well.