The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

Abstract

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System

“…Thus, the decision was not easily sued to the PTUN because its validity was questioned. Related to its type, beschikking in Indonesia is divided into 3, namely (Agustina, 2018):…”

Controversy on the Absolute Competency of Civil Courts in Investigating Unlawful Actions Committed by the Government In Indonesia

“…Lawsuits regarding unlawful acts committed by the government originate from individuals who feel their rights and interests have been violated or feel that their assets have been reduced or lost due to the government's actions. Therefore, government actions that violate individual rights or interests also violate the law regarding property (Agustina, 2018). Therefore, Sudikno Mertokusumo concluded that unlawful acts carried out by the government violated the rights or interests of individuals so that even though one of the parties was the ruler or the government, it became part of civil law (Putrijanti, 2021).…”