The Extension of Absolute Competence of State Administrative Court after the Enactment of Act Number 30 of 2014 on Government Administration in Indonesia

By Jiwantara, Firzhal Arzhi; Adolf, Huala et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

The Extension of Absolute Competence of State Administrative Court after the Enactment of Act Number 30 of 2014 on Government Administration in Indonesia


Jiwantara, Firzhal Arzhi, Adolf, Huala, Wibowo, Gatot Dwi Hendro, Cahyowati, R. R., Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The enactment of Act Number 30 of 2014 on Government Administration has brought the consequences of extending the absolute competence of the Administrative Court, examining government action. The absolute competence of the State Administrative Court is extended based on the article 87, while the Act Number 5 of 1986 about the State Administrative Court, as amended by Act Number 9 of 2004 and Act Number 51 of 2009 Article 1, subsection (9), is temporarily applied as long as it is not abolished. However, this may emerge the conflict of norm, in addition to the establishment of circular letter of the Supreme Court Number 4 of 2016 about the application of plenary meeting result of the Supreme Court in 2016 as the guidelines to do the function for the Court and it contains the substances of judgment and/or execution of the State Administrative officials including the extension of Absolute Competence of the State Administrative Court after the enactment of Act Number 30 of 2014 about the Government Administration.

In sociological context, this may decrease the public trust toward the existence of court itself, particularly the State Administrative Court in which people, based on the previous administrative law, only see judgment as the disputed object in the State Administrative Court. However, after the enactment of Act Number 30 of 2014 on Government Administration, they have seen a factual action or deed known as the disputed object. As the extended definition of judgment after the enactment of Act Number 30 of 2014 has disturbed the public understanding on the existing definition of Judgment of the State Administrative Court and although the definition of Judgment of the State Administrative officials mentioned in article 1 subsection (9) Act Number 5 of 1986 has been amended by Act Number 51 of 2009, the definition has been extended under the Act Number 30 of 2014, which should be seen as like the definition of judgment mentioned in article 87, Act Number 30 of 2014. However, in relation to the definition of judgment mentioned in Act Number 5 of 1986 up to the current days, this Act-which has been amended by Act Number 51 of 209 about the State Administrative Court-is still applied and this condition has successfully confused the public to understand the problems that relate to the judgment seen as the disputed object.

In juridical context, the extension of Absolute Competence of the State Administrative Court after the enactment of Act Number 30 of 2014 on Government Administration, it seem Act Number 30 of 2014 on Government Administration to be clear on its regulation under the article 87 Government Administration, in which the application relates to the definition of judgment mentioned in Act Number 5 of 1986 and it should be seen as mentioned in article 87 Government Administration, that the definition of judgment mentioned in those two different Acts may reveal the conflict of norm which makes the government official and society feel difficult to understand and interpret the actual definition of judgment by the State Administrative Court, often seen as the disputed object of an individual or disputing civil agency. The conflict of norm is due to those two different sectorial acts that have different definition of judgment are still applied since they have not been ever abolished or nulled. The conflict of norm may reveal a question such as: Does the definition of the judgment keep using the guidelines and references mentioned in Act Number 5 of 1986 or Acts within Government Administration? And do those two norms still have any validity or efficacy.

RESEARCH METHOD

This study is a research of normative law, pointing to the court's judgment and the legal norm under several regulations. In addition, this study is descriptive, revealing some Acts that relate to the theory of law as the research object. It used several approaches including philosophical, stature, conceptual and case approaches. …

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