Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

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

Author(s): Firzhal Arzhi Jiwantara, Huala Adolf, Gatot Dwi Hendro Wibowo, RR Cahyowati

After the enactment of Act Number 30 of 2014 on Government Administration, an extension on the authority or absolute competence of the State Administrative Court revealed, which involved examining whether or not any misuse of authority on the judgment of the State Administrative Court, the judgment in determining the object of Positive Fictitious dispute and the content of factual action by the officials of State Administrative Court, as well as the authority of the Administrative Court to examine the public lawsuit since they do not receive any appeal from the official. The juridical implications of the extension of absolute competence in the practice of the State Administrative Court after enactment of Act Number 30 of 2014 on Government Administration was the existence of two judicial institutions that seemed to have the same authority to examine the elements of authority abuse. They are “Tipikor’ Court”-a Court for corruption cases-and State Administrative Court. The organization of procedural law for State Administrative Court after the enactment of Act Number 30 of 2014 on Government Administration, given a vacuum of law in both State Administrative Court and Government Administration Court related to the examination of any misuse of authority, the Supreme Court has issued Regulation of the Supreme Court Number 4 (2015) on the Procedure Guidelines in Examining the Misuse of Authority, as well as Regulation of the Supreme Court Number 5 (2015) on Procedure Guidelines to Have Judgment of Receiving an Application in order to Have Judgment and/or Action from the Government Official orAgency