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.|
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