Problem Teoritik Dan Implikasi Praktis Atas Perubahan Keputusan Tata Usaha Negara

Abstract

The change in the meaning of the State Administration Decree (KTUN) as stipulated in Article 87 of the Government Administration Act raises academic questions when the change had not been made through the amendment to the PTUN Law. This study discusses first, analysis on the change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the theory of repeal and changes in legislation. Second, change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the principles of the statutory rules. Third, implications of changing the meaning of KTUN according to Law No. 30 of 2014 against the absolute competence of PTUN. This is a normative study with qualitative analysis. The results of the study concluded, firstly, based on the theory of changes in legislation, the amendment to the provision of KTUN is not at all appropriate. Because it is done through a law that (the substantive content) is different. Second, the principles of statutory rules, namely lex specialis derogat legi generali, and lex posteriori derogat priori legi are not applicable to the enactment of Article 87 of Law No. 30 of 2014. Third, amendment to the provision of the KTUN according to Article 87 of Law No. 30 of 2014 has expanded the absolute authority of the PTUN to examine, to prosecute, and to decide the unlawful acts committed by the state officials that were previously the authority of the general court.

Resolution of Disputes Regarding Unlawful Acts by the Government in the Administrative Justice System in Indonesia

“…If there are factual actions from the authorities or state administrative bodies or officials that violate the law or harm the interests of a person or civil legal entity, then refer to the provisions of Article 87 of Law no. 30 of 2014 that has now become the absolute competence of administrative court (Tohadi et al, 2019). Sudarsono (2017) argued that the action of government administration is a legal action (rechtshandelingen) by the government administration which is intended to carry out a concrete act in the context of administering the government.…”