THE DEVELOPMENT OF THE OBJECTS OF THE CLAIM TO STATE

ADMINISTRATIVE COURT AFTER THE ENACTMENT OF LAW NO. 30 OF 2014

REGARDING GOVERNMENTAL ADMINISTRATION

The Republic of Indonesia as a rule of law state based on Pancasila (National

Ideology) and The 1945 Constitution of the Republic of Indonesia is meant to realize the
livelihood of state and nation that is prosperous, secure, peaceful and orderly through
sustainable national development. The Government of the Republic of Indonesia (“the
Government”) through its officials in state administration is required to have a positive and
active role within society. In implementing such duty, the Government is required to preserve
human dignity in general as well as to respect rights and obligations of citizens in particular.
Therefore, the Government must continuously lead and discipline its officials in state
administration to become an efficient, effective, clean and authoritative tool so that the
officials will always carry out their duty in accordance with laws and regulations and serve
the public with great dedication.

Realizing that the Government has a positive and active role within society, the
Government needs to prepare necessary measures to handle and solve any confict of interests
or disputes that are likely to happen between a state administrative official or institution and a
person or civil legal entity. To settle such conflict of interests or disputes, it is legally
necessary to establish State Administration Judicature as mandated under People’s
Consultative Assembly Decree Number IV/MPR/1978 related to People’s Consultative
Assembly Decree Number II/MPR/1983 regarding Broad Outlines of State Policy [Garis-
Garis Besar Haluan Negara]. Since the establishment of State Administration Judicature as a
part of legal development, which is a part of national development is conducted gradually and
continuously, the development of State Administration Judicature is also carried out in the
same way. The objective of the establishment of State Administration Judicature is not only
to provide legal protection to individual rights, but also to provide legal protection to
collective rights. State Administration Judicature is one of branches of the judiciary in
Indonesia that has the authority to examine, adjudicate and decide state administrative
disputes under Law No. 5 of 1986 regarding State Administration Judicature jo. Law No. 9 of
2004 regarding the Amendment to Law No. 5 of 1986 regarding State Administration
Judicature jo. Law No. 51 of 2009 regarding the Second Amandment to Law No. 5 of 1986
regarding State Administration Judicature (“State Administration Judicature Law’).

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 Although the Government has power over citizens, this does not mean that the
Government can exercise its power to citizens without constraint so that citizens shall not be
treated arbitrarily. In other words, a state administrative decision, or action, must be in
accordance with laws and regulation as well as the general principles of good governance. To
ensure such legal protection to citizens, the Government enacted Law No. 30 of 2014
regarding Governmental Administration (“Governmental Administration Law”). Under this
law, each citizen is entitled to file a complaint and an appeal against state administrative
decision, which is contrary to laws and regulations as well as the general principles of good
governance, to the related state administrative official, or institution, or the related higher-
ranking official. Furthermore, each citizen is also entitiled to submit a claim against such
state administrative decision to State Administrative Court because Governmental
Administration Law is a substantive law of State Administrative Judicial System.

With the enactment of Governmental Administration Law, the objects of the claim to
State Administrative Court become broder. There are amendments to the objects of the claim
to State Administrative Court under State Administration Judicature Law and Governmental
Administration Law. Firstly, the objects of the claim under State Administration Judicature
Law is State Administrative Decision that shall fulfill (Article 1 + Article 3) – (Article 2 +
Article 49) as follows:

1. A written decree;

2. Issued by a state administrative official or institution;

3. Containing an act in state administrative law based on prevailing laws and

regulations;

4. That is of a concrete, individual and final nature;

5. Caused a legal consequence to a person or civil legal entity;

6. In the event that a state administrative official or institution has failed to issue a
decision when duty-bound to do so, then such failure shall be qualified as State
Administrative Decision.

However, there are certain types of State Administrative Decision that are excluded
from the objects of the claim. Those are as follows:

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 1. State Administrative Decision that is civil law actions;

2. State Administrative Decision that is general regulations;

3. State Administrative Decision that still requires approval;

4. State Administrative Decision that is issued based on criminal law or criminal

procedure or other laws and regulations related to criminal law;

5. State Administrative Decision that is taken on the basis of an examination by a

judicial body in accordance with applicable laws and regulations;

6. State Administrative Decision Concerning the Administration of the Indonesian

Armed Forces;

7. Decision by Central or Regional Election Committees Concerning the Result of

General Election;

8. State Administrative Decision issued:

a) At a time of war, during a state of siege, in case of natural disaster in accordance

with applicable laws and regulations;

b) In a situation in which the public interest is under threat in accordance with

applicable laws and regulations,

Secondly, with the enactment of Governmental Administration Law, the objects of the
claim under Article 87 of Governmental Administration Law is as follows:
1. A written decree that include a factual action;
2. State Administrative Decision in executive, legislative and judicial bodies as well as
other government agencies;
3. Based on laws and regulations as well as the general principles of good governance;
4. Final in the broader sense;
5. Decision that have potential to lead to legal consequences; and/or
6. Decision that applies to citizens.

In addition, there are several amendments to the objects of the claim that need to be
considered under Governmental Administration Law as follows:

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 Before the Enactment of Law No. 30/2014 After the Enactment of Law No. 30/2014
The period for the issuance of State The period for the issuance of State
Administrative Decision, if no such period is Adminsitrative Decision, if no such period is
set, was 4 months. set, is 10 business days.
State Administrative Decision was only in State Administrative Decision can be in
written form. written or electronic form.
State Administrative Decision had the State Administrative Decision is final in the
characteristic of being concrete, individual broader sense.
and final.
State Administrative Decision had incurred State Administrative Decision has potential
damages. to lead to legal consequence.
Defendant was only state administrative Defendant is state administrative officials in
officials in executive body. executive, legislative and judicial bodies as
well as other government agencies.
State Administrative Decision only included State Administrative Decision shall include
any legal acts. legal or factual acts
The reasons that could be used in the claim to The reasons that can be used in the claim to
State Administrative Court were that the State Administrative Court are that the State
State Administrative Decision violates the Administrative Decision violates the
applicable laws and regulations. applicable laws and regulations as well as the
general principles of good governance.

Figure 1. The Amendments to the Objects of the Claim to State Administrative Court Under Governmental
Administration Law

Hence, Governmental Administration Law shows bias toward the objects of the claim to a
district court so that the implementation of Governmental Administration Law as a
substantive law of State Administration Judicature Law must be carefully considered.

Thank you,

This writing excerpted from Law No. 5 of 1986 regarding State Administration Judicature jo.
Law No. 9 of 2004 regarding the Amendment to Law No. 5 of 1986 regarding State
Administration Judicature jo. Law No. 51 of 2009 regarding the Second Amandment to Law
No. 5 of 1986 regarding State Administration Judicature and Law No. 30 of 2014 regarding
Governmental Administration.