Today’s Legal Enlightenment (Friday, 02 September 2022) – STATE ADMINISTRATIVE (TUN) JUDGES PRIORITIZE SUBSTANTIVE JUSTICE OVER FORMAL JUSTICE

With the issuance of Supreme Court Circular Letter No. 1 of 2017, the Supreme Court’s legal stance has affirmed that State Administrative (TUN) Judges prioritize substantive justice over formal justice. This is motivated by the function of formal law / procedural law to enforce the rules of material / substantive law. The Supreme Court’s stance on choosing Substantive Justice is reflected in Supreme Court Decision No. 533 K/TUN/2017. In this Decision, the Cassation Application has actually passed the application time limit. However, the Panel of Judges decided to continue to accept the appeal because there were substantive problems related to drug abuse.

Kind Regards,

Fredrik J. Pinakunary