Professional Documents
Culture Documents
AP1809 Understanding The General Principles of State Administrative Court PTUN
AP1809 Understanding The General Principles of State Administrative Court PTUN
General Principles
of State
Administrative
Court
ARISTO PANGARIBUAN
Background
The construction of the administrative litigation system
plays an important role in solving social conflicts,
regulating and restricting administrative powers, and
guaranteeing
legal
rights
and
interests
of
individuals,
legal
persons
and
other
legal
organizations
Sources of Law
1. Law No. 51 of 2009 on State Administrative Court
(amendment of Act No. 5 of 1986 concerning the State
Administrative Court, later converted into Law No. 9 of 2004);
2. Law No. 30 Year 2014 on Government Administration;
Sources of Law
Law No. 48 Year 2009 concerning Judicial Authority
(amendment of Act No. 4 of 2004 on Judicial Power,
and Law No 35 of 1999 and Law No. 14 Year 1970
concerning Judicial Authority.);
Law No. 3 of 2009 on the Supreme Court (amendment
of Act No. 14 of 1985 and Law No. 5 of 2004
concerning the Supreme Court);
Jurisdiction of the
Court
Article 1 (4) Law no 5/1986
Disputes over state administrative decisions are
disputes that arises within the scope of State
Administration between a person or a civil legal
entity with a state administration agency or official
within capital or regional areas, as a result of the
issuing of a state administrative decision, including
disputes over employee affairs as based on
applicable law
vs
a. Stateadministrationdecisionsthatarecivillawactions.
b. Stateadministrationdecisionsthataregeneralregulations
c.
Stateadministrationdecisionsthatstillrequireapproval.
Stateadministrationdecisionsontheadministrationofthe
Indonesian NationalMilitary.
g. DecisionsofthecentralandregionalGeneralElectionCom
missionon generalelectionresults.
Stateadministrationagencyorofficialthatwasgiventh
eauthority based on applicable laws to administratively
resolve a state administration dispute must do so in
accordance with available administrative remedies.
2.