Referring to Article 53 paragraph (1) of Law Number 5 of 1986 concerning State Administrative Court as amended several times, lastly by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court (“Law on State Administrative Court”) which states:
“Individuals or legal entities who feel their interests are harmed by a State Administrative Decision may file a written lawsuit to the competent court containing demands for the contested State Administrative Decision to be declared null and void, with or without accompanying claims for damages and/or rehabilitation.”
Then, based on Article 1 number 9 of the Law on State Administrative Court which states:
“State Administrative Decision is a written decision issued by a State Administrative Body or Official containing administrative legal actions based on prevailing laws and regulations, which are concrete, individual, and final, resulting in legal consequences for an individual or legal entity.”
Furthermore, referring to Article 87 of the Law on Government Administration (“Law on Government Administration”), there is an expansion of the meaning of State Administrative Decision (“SAD”) which also must be interpreted as:
- Written decisions also covering factual actions;
- Decisions of bodies and/or officials of state administration in the executive, legislative, judiciary, and other state governance sectors;
- Based on statutory provisions and administrative rules;
- Final in a broader sense;
- Decisions that potentially have legal consequences; and/or
- Decisions applicable to the Citizens.
Thus, individuals or legal entities who feel their interests are harmed by a SAD or factual actions of state administrative officials may file a written lawsuit to the competent court.
Steps to File a State Administrative Lawsuit
- Administrative Efforts
In case individuals or legal entities feel their interests are harmed by a SAD and intend to file a State Administrative Lawsuit (“SAL”), then before filing an SAL, administrative efforts against the relevant state administrative official must be pursued as regulated in the explanation of Article 48 paragraph (2) of the Law on State Administrative Court. Administrative efforts can be in the form of:
a. Objection
Objection is a non-litigation effort undertaken by a party who feels their interests have been harmed by an Administrative Decree. The objection must be submitted no later than 21 (twenty-one) working days from the date the decision was announced. The objection is addressed to the administrative body/official that issued the original SAD. According to Article 77 paragraph (3) of the Law on Government Administration, if the objection is accepted, the official/government must issue a decision in accordance with the objection request. However, according to Article 76 of the Law on Government Administration, if the objection is rejected, an administrative appeal or a SAD lawsuit can be filed. Furthermore, if the objection is ignored for a maximum of 10 (ten) working days, then according to Article 77 paragraphs (3) and (4) of the Law on Government Administration, the objection is considered granted, and the relevant government/official must issue a decision in accordance with the request no later than 5 (five) working days after the 10 (ten) day period has expired.
b. Administrative Appeal
An administrative appeal is filed if the party who feels their interests have been harmed does not accept the resolution of the objection that has been submitted. According to Article 78 paragraph (1) of the Law on Government Administration, the administrative appeal must be submitted no later than 10 (ten) working days from the date the decision on the objection was received and is addressed to the superior officer or another authority competent to review the disputed SAD.
- State Administrative Lawsuit
If individuals or legal entities who have submitted administrative efforts but are not satisfied with the results of the efforts made, they may file an SAL through the competent state administrative court. According to Article 55 of the Law on State Administrative Court, the lawsuit can only be filed within a period of 90 (ninety) days from the date of receipt or announcement of the SAD.
In cases where the dispute concerns factual actions, the aggrieved party may directly file a lawsuit without prior administrative efforts.
If you need legal consultation about any legal case, you can contact us through:
Email: secretary@mnllaw.co.id
Call: +62 21-3905928
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