Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government

Abstract

Indonesia is a country with a state of law status, in which the government in this case in carrying out all the interests of the state must be based on law and general principles of good governance. The government as a legal subject that plays a very important role in the survival of the people, in carrying out its duties to serve the community, it is not uncommon for governments to issue State Administrative Decrees (KTUN) which are intended for legal certainty. With the government issuing this, of course, it will not always be in accordance with existing regulations. Sometimes, decisions issued by the government actually have a detrimental impact on ordinary people. Then, Law No. 5 of 1986 concerning Administrative Court, regulates the provisions and procedures for the community to sue the government and ask to cancel the decision made by the government through the TUN Court. Then in 2014 appeared Law Number 30 of 2014 concerning Government Administration. The UUAP replaces the provisions contained in the Administrative Law. Especially in this case that attracts attention is the expansion of the object of dispute. The object of the State Administration Dispute in this Law differs in its elements from the Administrative Law. One of them is a written provision that contains factual actions. There is no explanation regarding the meaning of factual actions in acting.