Understanding the

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);

Location of the Court

1. StateAdministrationCourtsresideinthecapitalof
aregency / city and theirjurisdiction include
thatregency / city
2. State Administration High Courts reside inthe
capital
of
provinces
andtheirjurisdictionincludetheareaofthatprovince.

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

Subject of the Court

The plaintiff in the case in the State Administrative Court is
any legal subject, person or private legal entities who felt
their interests harmed by the release of the decision of the
State Administrative by the Agency or Official State
Administration at the central and regional (Article 53
paragraph (1) in conjunction with Article 1 paragraph
4 of Law no. 5 of 1986).

vs

The defendant is the Agency or the Office of the State

Administration issued a decision based on existing
authority delegated to him or her (Article 1 point 6 of
the Law no. 5 of 1986). Definition of State Agency?

Object of the Court

State Administrative Decision is defined as a
written decision that is issued by a state administration
agency
/
official
contain,
whichcontain
state
administration legal actions based on applicable laws, that
is concrete, individual and final in character, and has legal
consequences for a personoracivillegalentity.
Fiktif Negatif (Negative Fiction):
Whereastateadministrationagency
/
officialdidnotissueadecision
uponrequestandwhichwaswithinitsscope ofobligation.

Object of the Court >

Types of Dispute
1. Decisionsonpermits, certificate, land use
2. Decisionsonlegalstatuses,rightsandobligatio
ns
3. Decisionsonemployeeaffairs

Object of the Court > Direct

Limitation

Article 2 Law No. 5/1986

a. Stateadministrationdecisionsthatarecivillawactions.
b. Stateadministrationdecisionsthataregeneralregulations
c.

Stateadministrationdecisionsthatstillrequireapproval.

d. Stateadministration decisions that areissued based on

criminal code and criminal procedural code
e. State administration decisions that are issued based on
the
examination
of
ajudiciarybodybasedonapplicablelaws.
f.

Stateadministrationdecisionsontheadministrationofthe
Indonesian NationalMilitary.

g. DecisionsofthecentralandregionalGeneralElectionCom
missionon generalelectionresults.

Object of the Court >

Direct Limitation
Article 49 Law No. 5/1986
a. At times of war, peril, natural disasters
orperilous
extraordinary
situations,whichwerebasedonapplicablelaws
.
b. At times of urgent public interest, which were
based on applicable laws.

Object of the Court >

Indirect Limitation
IndirectlimitationsareprovidedforinArticle48ofLawNo.
5Year1986:
1.

Stateadministrationagencyorofficialthatwasgiventh
eauthority based on applicable laws to administratively
resolve a state administration dispute must do so in
accordance with available administrative remedies.

2.

The court may only have the jurisdiction to examine,

decide and resolve a state administration dispute as
pursuant
to
paragraph
(1)
onlyifalladministrativeremediesareexhausted.

Process Proceedings In State

Administration Court