06
Jun2022
Court

Understanding State Administration Court and Disputes

The establishment of the State Administrative Court (PTUN) is an  effort by  Indonesia  to uphold the  values of  justice,  legal certainty and  Human Rights  (HAM). PTUN is  the latest tribunal in Indonesia following the issuance of Law Number 5 of 1986 on State Administrative Tribunal on December 29, 1986.

The operational running of the State Administrative Court began  following the issuance of  Government Regulation Number 7 of 1991 on January 14 of the same year.

According to Article 1 Paragraph 7 of Law Number 5 of 1986 in conjunction with  Law Number 9 of 2004 in conjunction with Law Number 51 of 2009, State Administration refers to an administration that manage  government affairs both at the central government and in the regions.

State  Administration is a function or duty to carry out government affairs in a country. State Administrative Law refers to the  entirety of the rules of law relating to the  administration of government (state)  affairs.  Based on Article 1 Paragraph 2 of the law, the administration of  government (state)  affairs is a administration carried out by the  government bodies.

Article 1 Number 10 of Law Number 51 of 2009 defines a State Administrative  dispute as a  dispute that arises in the field of state  administration between a person or civil legal entity  and  state  administrative bodies or officials, both at the central and regional levels, as a result of the issuance of state  administrative  decisions, including personnel disputes based on  laws and regulations that applies.

Since 1991 to date,  there have been many developments in the field of administrative law. One of them is the issuance of Law Number 30 of 2014 on  Government Administration.

The existence of the Government Administration Law  is a new paradigm in the formulation of the  State Administrative Court. This is  reflected in  several articles in the Government Administration Law.

These articles  include those on electronic decisions,  administrative efforts, discretion and expansion of the  object of  the  State Administrative Decision that can be brought to the Administrative  Court and restrictions on the  object of the lawsuit in  Administrative Court.  In addition, the dismissal process  by the Head of the  State Administrative   Court related to a lawsuit filed prematurely or  overdue  is regulated  in Law Number 5 of 1986 on  Administrative Court

There are several characteristics of administrative  disputes, namely:
1. The Parties to the Dispute, that is,  a person or entity  of civil law with a state  administrative  entity or official, both at  the central government and in the regions.  The accused is a state  administrative  body or official who  issues a decision based on the  authority that is on him or that is devolved to him that is sued by a person or legal entity based on Article 1 number 10 of Law Number 51 of 2009

2.  The dispute settlement is in  the  State Administrative Court, both the  State Administrative  Court and the  High Administrative Court, which is in charge  and has the authority to  examine,  decide, and resolve state administrative  disputes.

3. State administrative decisions as Objects of  Dispute in accordance with Law Number 51 of 2009  on the  Second Amendment to Law Number 5 of 1986  on State   Administrative Courts which is in the form of a state  administrative  decision regulated in Article 1 Number 9.

The formulation of the elements is as follows:
a.  written ruling;
b.  issued by a  State Administrative Agency or official;
c.  contains legal acts of State Administration;
d.  based on the prevailing  laws and regulations;
e.  solid, individual, and final;
f.   has legal consequences for a person or civil legal entity.

4. the suit is filed  in  writing containing  a  demand that the disputed  Administrative Decision  be declared void or invalid, with or without being accompanied by a claim of indemnity and/or rehabilitation.

The   reasons that can be used in a written suit  are mentioned in Article 53 Paragraph 2 of Law Number 9 of 2004 are as follows:
a. the administrative decision that is challenged  is contrary to the  regulations or  legislations;
b. the administrative decision that is challenged  is contrary to  the  general principles of good governance.

5. the Grace Period for filing a lawsuit is 90 days from the admission  or announcement of the  Decision by the  State Administrative Agency or official .

6. the Principle of Presumption of  Innocence

7.  justice in absentia based on Article 72 of Law Number 5 of 1986

8.  examination of Cases  With Ordinary Proceedings consisting of dismissal  procedures  or administrative examinations to determine whether a suit is  admissible or  inadmissible,  preliminary examination  and examination at the hearing, an Urgent Proceeding conducted if there is a sufficiently urgent interest of the litigant which must be  inferred from the reasons  his pleas, and Expedited Proceeding.

 

Author / Contributor:

Akhmad Baskoro Priyatmaja, S.H.

Associate

Contact:

Mail       : baskoro@siplawfirm.id

Phone    : +62-21 799 7973 / +62-21 799 7975

 

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