Double Certificate Cases in Indonesia: Absolute Jurisdiction of the Administrative Court or General Court?

Abstract

The issue of dual certificate issuance in Indonesia is a classic problem that remains unresolved, and one of the issues is whether the resolution of such cases falls under the jurisdiction of the Administrative Court (Pengadilan Tata Usaha Negara) or the general court. This research aims to thoroughly examine this issue. The research method used in this study is normative juridical, utilizing secondary data. The research results indicate that dual certificate cases in Indonesia constitute wrongful acts committed by government bodies or officials (Onrechtmatige Overheidsdaad). As such, these cases cannot be adjudicated in the general courts. Therefore, if such cases have already been filed in the general courts, they must be transferred to the Administrative Court by the provisions of the legal regulations. Hence, dual certificate cases fall under the absolute jurisdiction of the Administrative Court.