The Competency of Administrative Court in Adjudicating State Financial Losses Report Dispute in Indonesia

Helmi Helmi,Harry Setya Nugraha,Fauzi Syam,Retno Kusniati

doi:10.28946/slrev.vol4.iss2.298.pp41-51

Helmi Helmi, Harry Setya Nugraha + Show 2 more

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https://doi.org/10.28946/slrev.vol4.iss2.298.pp41-51

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Abstract

The debate on the absolute competency of the State Administrative Court in Indonesia to set the dispute over the State Financial Losses Report (LHPKKN) is proved to have caused dissenting opinion. The judgments between one administrative court to other court in Indonesia cause main problem of achieving justice and legal certainty. This research examines the issue of absolute competence of the Administrative Court in adjudicating disputes on the State Financial Losses Report published by the Financial and Development Monitoring Agency (BPKP). This article uses normative legal research and implement the statute approach, conceptual approach, and case approach. These approaches are used to discern and analyze several related legal materials or documents scientifically. The aims and objectives of this research are to find a legal solution on how this classic issue has to be approached and solved. As a result, it is found through this article that the Administrative Court has absolute competence in deciding disputes on the Report on the Calculation of State Financial Losses issued by the Financial and Development Monitoring Agency, which is supported by several fundamental reasons.

Highlights

The debate over absolute competency, whether the Administrative Court can test the validity of the State Financial Losses Report (LHPKKN) issued by the Financial and Development Supervisory Agency (BPKP) or not constitutes an interesting legal debate for academic study
Some Judges argue that the Court has no authority to adjudicate this dispute because the State Financial Losses Report issued by BPKP does not meet the criteria of the State Administration Decree (KTUN), which is still not final as referred to Article 1(3) of the Law on State Administrative Justice
Most administrative courts refuse to adjudicate LHPKN legal disputes issued by BPKP, but there are administrative courts acting in the opposite direction

Summary

Introduction

The debate over absolute competency, whether the Administrative Court (the Court) can test the validity of the State Financial Losses Report (LHPKKN) issued by the Financial and Development Supervisory Agency (BPKP) or not constitutes an interesting legal debate for academic study. Most Administrative Courts who adjudicate this dispute argue that the LHPKKN published by BPKP is not an absolute competence of the Court, but in practice, the Court has [41]. The legal basis used by the Panel of Judges argues that the dispute on LHPKKN validity is not an absolute competence of the Courts. Some Judges argue that the Court has no authority to adjudicate this dispute because the State Financial Losses Report issued by BPKP does not meet the criteria of the State Administration Decree (KTUN), which is still not final as referred to Article 1(3) of the Law on State Administrative Justice.. Judges of the Jakarta Administrative Court in Decision Number 231/G/2012/PTUN-JKT states that the Administrative Court has the authority to adjudicate the validity of LHPKKN issued by BPKP and in its decision, the Assembly granted the plaintiff's claims:

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