State Administrative Court Research Articles

Resolving Land Disputes in Papua: Court Competence, Legal Challenges, and Dual Ownership Issues

This study aims to analyze and understand the settlement processes of land disputes under the jurisdiction of competent courts. Using an empirical legal research approach, primary data were collected through direct interviews with respondents involved in land disputes, particularly those resulting from dual ownership of land rights on the same property. Such cases are prevalent in Papua, West Papua, and Southwest Papua Provinces. The data were analyzed descriptively to provide a comprehensive understanding of the issue.The resolution of land disputes varies depending on the nature of the case and the jurisdiction of the court. Civil courts address disputes concerning ownership and compensation claims, while criminal courts handle cases involving criminal elements, such as land grabbing. The State Administrative Court has jurisdiction over administrative disputes, including the issuance of land certificates. The overlapping jurisdiction of these courts often leads to challenges in determining the appropriate venue, underscoring the importance of efficiency and legal certainty. Resolving disputes effectively requires clarity of the disputed object and adherence to procedural rules to minimize the risk of lawsuits being dismissed as inadmissible.

Transfer of Share Ownership and Change of Position of Director of a Limited Liability Company Due to Misuse of GLA Online Accounts

The misuse of General Legal Administration (GLA) Online accounts, a system developed to streamline public services for notaries, has caused significant issues, including unauthorized transfers of share ownership and changes in director positions within Limited Liability Companies. This research aims to analyze the legal mechanisms surrounding these corporate actions, investigate the challenges posed by account misuse, and propose effective legal remedies for affected parties. Employing a doctrinal research method, the research relies on literature analysis, interviews with experts, and a case research of the Cibinong District Court Decision Number 9/Pdt.G/2024/PN.Cbi. Primary legal materials include laws and court decisions, while secondary materials encompass books, journals, and credible online sources. The findings reveal that both the transfer of shares and the replacement of directors, as a result of account misuse, violate the Company Law and corporate governance principles. To mitigate these issues, the Directorate General of GLA suggests procedural remedies, including police reports, Regional Supervisory Council investigations, and State Administrative Court filings. This research highlights the need for enhanced digital security measures, such as face recognition, and emphasizes stricter notary accountability. Future research can explore the broader implications of digital platform governance in corporate law, aiming to improve legal frameworks and prevent similar misuse.

Settlement of Land Acquisition Disputes for the Nusantara Capital City on Former Sultan Grant Land

The construction of the Nusantara State Capital at the Sepaku Semoi Dam site triggered a land dispute due to a lawsuit filed by Prince Hario Adiningrat, who claimed to have rights over the land acquisition object and felt aggrieved because he was not recognized as an entitled party to receive compensation. This research aims to analyze the causes of the dispute and the resolution process. The research method used is sociological juridical with data collection techniques through interviews. The research's results indicate that the land dispute was caused by the issuance of the East Kalimantan Governor’s Decree Number 590/K.653/2019 regarding the Determination of the Land Acquisition Location for the Construction of the Sepaku Semoi Dam. The decree was deemed detrimental to Prince Hario’s rights as his name was not listed as a recipient of compensation. Furthermore, the dispute was triggered by contradictions and inconsistencies in the applicable land law regulations. The resolution of the dispute was pursued through litigation in the General Court by filing a lawsuit at the Penajam District Court, Case Number 64/Pdt.G/2020/PN Pnj, and in the Administrative Court by filing a lawsuit at the Samarinda State Administrative Court, Case Number 38/G/2021/PTUN.SMD. The implications of this research highlight the importance of revisiting land acquisition regulations to ensure the protection of the rights of parties potentially disadvantaged in strategic national development processes.

Implementasi Peraturan Bupati Buton Selatan Nomor 23 Tahun 2017 tentang Pemilihan Kepala Desa dalam Penyelesaian Sengketa Pemilihan Kepala Desa Serentak di Kabupaten Buton Selatan

Settlement of disputes over the election of village heads is the attributive authority of district/city regional heads based on Article 37 Paragraph (6) of Law Number 6 of 2014 concerning Villages, which states "in the event of a dispute over the results of the village head election, the regent/mayor shall resolve the dispute within the time period specified in referred to in paragraph (5)", in conjunction with Article 53 paragraph (1) South Buton Regent Regulation Number 23 of 2017 concerning Election of Village Heads which reads "In the event of a dispute over the results of the Village Head election, the Regent is obliged to resolve the dispute within a period of time. 30 (thirty) days”. However, the resolution of the dispute by the Regent still left a dispute, and resulted in a lawsuit at the State Administrative Court, this was because the nature of the Regent's decision could still be challenged (Beschikking). This research aims to determine the implementation of the South Buton Regent's Regulation Number 23 of 2017 concerning the Election of Village Heads in Resolving disputes over Simultaneous Village Election results in South Buton Regency. This research method is a normative juridical method, by conducting a review of library data or library research (Library Research). The model used is collecting legal materials and conducting analysis. The results of this research are that the Regulations for Settlement of Village Head Election Disputes in South Buton Regent Regulation Number 23 of 2017 concerning Village Head Elections are not regulated implicitly so that changes or separate arrangements need to be made as well as transferring authority in resolving Village Head Election Disputes in accordance with the division of power of an institution.

Analisis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Pemerintah Secara Sepihak

Termination of Cooperation Contract for Procurement of Goods or Services" refers to the termination or cancellation of an agreement between parties involved in the procurement process of goods or services. The purpose of this article is to find out about the unilateral termination of the contract carried out by the Public Works and Spatial Planning Service of the Meranti Islands Regency against PT. Merbau Indah Abadi in the contract agreement in accordance with the regulations in force in Indonesia and also to analyze the basis for the judge's considerations that granted the plaintiff's lawsuit in the decision of the Pekanbaru State Administrative Court Number 21 / G / 2023 / PTUN.PBR. The research method used is the normative research method, the reason for using normative research in this study is because of the problems being studied. The results of this study are that in the decision, the Public Works and Spatial Planning Service of the Meranti Islands Regency was proven to have missed the unilateral termination mechanism explained in Presidential Regulation No. 4/2015 and Minister of Finance Regulation 243 / PMK.05 / 2015, so that the act of terminating the contract cannot be justified because it is not in accordance with the relevant laws and regulations. The conclusion is that there are legal consequences of unilateral termination of the contract in the procurement of goods/services contract, namely the imposition of administrative sanctions, sanctions in the form of inclusion in the blacklist, civil lawsuits and criminal reporting to the authorities.

TINDAKAN YURIDIS DALAM PUTUSAN NOMOR 59/G/2021/PTUN.MDN: ANALISIS PENYELESAIAN SENGKETA TATA USAHA NEGARA

Legal and non-legal considerations of judges in decision number 59/G/2021/PTUN.Mdn Does Decision Number 59/G/2021/PTUN.Mdn reflect the embodiment of the theory of justice? This study also uses a legal analysis method for normative case numbers, namely the author analyzes the context of the State Administrative Court decision Number 59/G/2021/PTUN.Mdn which is then drawn to existing legal regulations, in this case the Law on State Administrative Courts. The Decree of the Regent of Deli Serdang No. 00174/21212/TAP/03/21 dated March 25, 2021 concerning Honorable Dismissal Not at Own Request and Provision of Pension in the name of Dinawati Tarigan is in accordance with the provisions of Article 53 paragraph (2) letter (a) of Law No. 9 of 2004 concerning the First Amendment to Law No. 5 decisions of the State Administrative Court that were challenged were contrary to regulations In addition to legal considerations based on laws and regulations, judges also consider non-legal aspects in making decisions. The Decree of the Regent of Deli Serdang No. 00174/21212/TAP/03/21 dated March 25, 2021 concerning Honorable Dismissal Not at Own Request and Provision of Pension in the name of Dinawati Tarigan was declared invalid by the State Administrative Court.

Pengujian putusan kode etik penyelenggara pemilu dalam ranah Hukum Administrasi Negara

The Elections is carried out based on the standard provisions of the Law and the Code of Ethics for the Implementation of Elections. According to the Indonesian electoral Law Number 7 of 2017 concerning Elections, the elements of the Election Organizer consist of the General Election Commission, the Election Supervisory Body and the Election Organizer Honorary Council which are a unified function of organizing elections. The role of the Election Organizer is highly demanded for its ability to implement the regulations of the election stages by heeding the Election Organizer Code of. The integrity and quality of the election are determined by the compliance of the election organizers in fulfilling the principles and ethics of election organizers as the basic formula for the formulation of the Election Organizer Code of Ethics, so that the enforcement of the Election Organizer Code of Ethics (rule of ethics) is a necessity in our democratic system. DKPP is authorized by law to carry out the function of maintaining the integrity, independence and credibility of the Election Organizer. DKPP can impose ethical sanctions on election organizers from warning sanctions to permanent dismissal of election organizers with the power of its decision instrument which was originally final and binding (Article 458 paragraph 3 of the Election Law). The provision of final and binding nature has been tested in the Constitutional Court in PUU case No. 32/PUU-XIX/2021 jo. No. 31/PUU-XI/2013, and then authorized the State Administrative Court to be able to test DKPP decisions. Thus, corrections to DKPP's ethical decisions can already be tested through the means of enforcing state administrative law (administrative law) with PTUN (beschikking) which is expanded so that it requires adjustments to the norms of the State Administrative Court Procedure Law.

Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar

Land disputes arise from conflicts of interest over land. Communal customary land is one type of land that is often disputed. One such dispute over communal customary land belonging to the Bodi Sapik clan occurred in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency. In this case, the communal customary land was certified without the permission of the head heir. West Sumatra Regional Regulation No. 7 of 2023 on Communal Customary Land states that the head heir is the leader of the communal customary land. Furthermore, Article 13 stipulates that the management and utilization of communal customary land is carried out by the head heir based on consensus with the clan members. Therefore, a study is needed with the following research questions: 1) Why did the defendant not seek prior permission from the head heir before certifying the Bodi Sapik clan's communal customary land? 2) How was the certification process of the Bodi Sapik clan's communal customary land carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency? 3) How was the dispute over the certification of the Bodi Sapik clan's communal customary land, which was carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency, resolved? This research uses an empirical juridical method with qualitative analysis. Based on the analysis and discussion, the results of this study show that the reason the defendant did not seek permission from the head heir when certifying the Bodi Sapik clan's communal customary land was because it was not the defendant who registered or certified the communal customary land, but rather the defendant's older brother, Jhond Kennedy, and because the defendant had not yet received his share of the inheritance and was trying to protect the inherited property. Meanwhile, the certification process of the Bodi Sapik clan's communal customary land in Jorong Baruah, Nagari Padang Magek, was carried out in 2000 when the defendant's older brother was the village head and there was a National Agrarian Operation Project (Prona) which authorized village governments to issue land ownership certificates (sporadik). This sporadik was used as the basis for land registration (issuance of a communal customary land certificate) at the Tanah Datar Regency Land Agency office. Furthermore, the dispute over the Bodi Sapik clan's communal customary land was resolved through negotiation, followed by mediation at the Tanah Datar Police Station, Batusangkar District Court, and finally at the Padang State Administrative Court.

Connectivity of Discretionary Status in State Administrative Court Lawsuit: Implications After Law Number 6 of 2023 on Amendments to the Job Creation PERPPU

This research aims to analyze the impact of regulatory changes on the handling of discretionary authority within the State Administrative Court (PTUN) in Indonesia. Specifically, it examines how the legal status of discretion as an object of dispute has evolved following the enactment of Law No. 6 of 2023, which amended the Job Creation Perppu. The study focuses on how this legislative reform affects the acceptance and settlement of lawsuits related to discretionary decisions by public officials, as well as the legal boundaries that define which discretionary actions can be challenged in court. Using a normative juridical approach and in particular, this research employs statutory analysis to evaluate relevant laws and regulations, case studies to analyze precedents in PTUN decisions, and a comparative approach to assess differences in discretionary oversight before and after the enactment of Law No. 6 of 2023. The findings show that Law No. 6 of 2023 enhances judicial oversight of discretionary actions by allowing challenges based on both procedural and substantive grounds. It sets clearer limits on discretionary authority, requiring decisions to meet standards of transparency, accountability, and public interest. This reform strengthens the PTUN's role in reviewing not only the legality but also the justification of administrative decisions, offering citizens greater protection against arbitrary discretion and promoting good governance. This research contributes to academic discourse on administrative law by offering specific insights into how Law No. 6 of 2023 impacts discretionary authority and PTUN supervision. It highlights that the law now requires discretionary acts to meet stricter standards, focusing on procedural transparency and substantive justification. For instance, public officials must ensure their decisions align with good governance principles, and PTUN now plays a stronger role in assessing the substance of these actions. This provides legal practitioners with clearer guidelines for handling disputes involving discretion, particularly regarding the balance between decision-making flexibility and citizen protection.

Reformulation of Decision Execution and Honorary Council Position of Constitutional Court After Decision Number 604/G/2023/PTUN.JKT

Abstract: This research analyzes the strength of the Decision of the Honorary Council of the Constitutional Court Number 2/MKMK/L/11/2023 and its execution after Decision Number 604/2023/PTUN.JKT questioning the Appointment of Constitutional Judge Suhartoyo in the object of a state administrative dispute in the form of Constitutional Court Decree Number 17 of 2013. This type of research is a doctrinal research that examines literature sources and statutory studies. Furthermore, this paper uses a conceptual approach and comparative approach that combines the concept of legal certainty and comparisons of several countries in terms of seeing a broader prototype of Ethics Institute arrangements comprehensively. After conducting an analysis, it can be concluded that the Decision of the Honorary Council of the Constitutional Court Number 17 of 2013 which contains ethical sanctions for violations of Constitutional Judge Anwar Usman is constrained by legal uncertainty in its execution. This is because there is no mechanism for the dismissal of the Chief Justice of the Constitutional Court after the imposition of ethical sanctions and there is a potential dualism in the ethical enforcement system that can be convoluted. The uncertainty of the execution of the Constitutional Court Honor Council Decision which has the potential to be convoluted with the involvement of the State Administrative Court in adjudicating the Decision a quo should be a reflection to distinguish the authority of law enforcement and ethical enforcement and their scope. This can be encouraged by strengthening the status of the Honorary Council of the Constitutional Court in its position as a Supervisory body as well as the arrangement of the Supreme Advisory Council in the Armenian Constitution. Keywords: Honorary Council of the Constitutional Court, Decision ethics, execution

Analysis of Unlawful Acts in the Revocation of Nickel Mining Business Licenses

The large number of miners carrying out nickel mining activities in Indonesia is one of the reasons why many investors from within and outside the country invest in Indonesia, because of the urge to gain as much profit as possible. However, there are quite a few miners who do not fulfill the formal legal aspects, or carry out mining activities that violate the law. Based on this, the government conducted an evaluation by increasing supervision accompanied by imposing sanctions on miners who violate laws and regulations. The research method in this study is normative juridical by analyzing library materials, to conduct studies and analyzes in order to obtain alternative legal solutions for the analysis of unlawful acts in the revocation of nickel mining business licenses. The results of this study are that first, unlawful acts (PMH) are a legal concept that exists in civil law but are related to State Administrative Decisions, when the State Administrative Decision is detrimental to a person or legal entity in a civil manner. In fact, PMH is currently often used as an argument for plaintiffs in the State Administrative Court (PTUN). Second, PMH carried out by the government in revoking nickel mining business licenses in fact occurred in the revocation of nickel IUPs in several companies, precisely in 2022.

Perluasan Kompetensi Pengadilan Tata Usaha Negara dalam Mengadili Tindakan Faktual Pemerintah

Decisions and decrees as legal instruments of the government in carrying out legal actions unilaterally, can be the cause of legal violations for citizens, in Law Number 5 of 1986 concerning State Administrative Courts and its amendments, the law explains that the object of state administrative disputes is that which contains legal actions that can have legal consequences for a person or civil legal entity, at least there is ease for the public to sue the government and request the cancellation of decisions made by the government, but due to the expansion of objects in Law Number 30 of 2014 Article 87 letter (a) includes written decisions, it also includes factual actions. Therefore, the problem formulation in this research is whether the state administrative court has the authority to adjudicate factual government actions that harm the community, how legal protection for people who are harmed by factual government actions. This research is a normative legal research with statutory, conceptual, historical, and doctrinal approaches that apply to determine the rule of law as a whole. The results showed that the expansion of the competence of the State Administrative Court to adjudicate factual actions of the government is not competent because it cannot cause legal consequences because it is not in line and contradicts what is regulated in Law Number 5 of 1986 concerning State Administrative Courts and its Amendments, the public does not get legal protection through the State Administrative Court as a result of the factual actions of State Administrative bodies/officials. Suggestions from this research are that factual actions should be removed or eliminated from the competence of the State Administrative Court and there is no need to expand the object of State Administrative disputes, for people who feel harmed by factual actions of State Administrative bodies/officials should file a lawsuit against the law to the district court.

Problematika Kepatuhan Pejabat Tata Usaha Negara dalam Eksekusi Putusan Pengadilan Tata Usaha Negara

The regulation of the execution of State Administrative Court (TUN) decisions in Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 on State Administrative Court does not include a mechanism for executing TUN decisions, which in practice has caused many problems that undermine legal certainty and justice for the public. The focus of the writing is to provide an understanding to the public about the urgency of implementing execution in administrative court decisions. The main issues include two aspects: the obstacles faced by administrative officials in executing administrative court decisions, and solutions to address the compliance problems of administrative officials in executing administrative court decisions. The research method used is a normative research method. The research findings indicate that the obstacles in the implementation of TUN Decisions are due to the non-compliance of TUN officials and the lack of enforcement power for TUN decisions. The solution to address the compliance issues of TUN officials in executing TUN Decisions is to file a maladministration complaint with the Indonesian Ombudsman to exert pressure and revise the PTUN law to provide enforcement measures against the relevant TUN officials.

A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.

KONVERGENSI HUKUM ADMINISTRASI NEGARA: ANALISIS TERHADAP KEPUTUSAN TATA USAHA NEGARA YANG MENGANDUNG UNSUR HUKUM PERDATA

The State Administrative Decision (KTUN) plays a central role in regulating the relationship between the government and society. However, the exclusion of KTUN classified as a civil legal action, as stipulated in Article 2 letter a of Law No. 5 of 1986 concerning the State Administrative Court, has created ambiguity and the potential for overlapping jurisdiction between the State Administrative Court (PTUN) and the General Court. This study aims to analyze the convergence of administrative law and private law within the context of KTUN and provide recommendations for resolving the contradictions in the existing legal framework. This research employs a normative legal method, utilizing both statutory and conceptual approaches, and analyzes data from regulations and court decisions. The findings reveal that the terminological confusion within the State Administrative Court Law causes legal uncertainty and overlapping jurisdiction between the PTUN and general courts. The implications of this study highlight the need for revising the PTUN Law to eliminate the exclusion of State Administrative Decree involving private law elements, along with improving the competence of judges in handling disputes that involve the convergence of administrative and private law.

Analisis Hukum dalam Penggunaan E-Materai di Kantor Notaris/Pejabat Pembuat Akta Tanah (PPAT)

This study focuses on the analysis of legal studies in the use of e-stamps in notary offices/land deed making officials (PPAT). This study aims to determine how the use of e-stamps in authentic deeds made before a notary/PPAT and how legal protection is provided for e-stamp users in notary/PPAT offices. This study uses a doctrinal approach which is a type of legal research on a collection of written norms/regulations and other secondary legal materials. The results obtained from this study are, first, that documents affixed with e-stamps are perfect evidence if used as evidence at a conference, the existence of e-stamps does not affect the validity of civil documents, only the authentic evidentiary force is degraded to a private deed due to the prohibition as stipulated in Article 5 paragraph (4) letter b of the ITE Law. Second, legal protection if the disputed document can be preventive, namely education and socialization related to the use of e-stamps in authentic deeds and repressive, namely providing protection to buyers as victims related to lawsuits for the Cancellation of certificates issued due to legal defects related to e-stamps sold to the State Administrative Court.

Analisis Putusan Pengadilan Tata Usaha Negara Tentang Pengangkatan dan Pemberhentian Perangkat Desa dalam Perspektif Siyasah Qadhiyyah (Studi Putusan Perkara Nomor 37/G/2021/Ptun.Mtr)

The aim of this research is to analyze cases of village officials who were dismissed by the village head. This case occurred in Barejulat Village, Central Lombok Regency, West Nusa Tenggara Province, which stated that the defendant, as village head, dismissed his village officials unilaterally without following Minister of Home Affairs regulation number 67 of 2017. According to the judge's consideration at the State Administrative Court Number 37/G/ 2021/Ptun.Mtr that the object of the dispute, namely the village head's decision, was declared null and void due to procedural defects and ordered the village head to revoke the dismissal decree and reinstate the plaintiff's position. This research is a qualitative method research using a normative legal approach. The source of data collected by this researcher is based on Law Number 6 of 2014 concerning Villages and the Decision of the State Administrative Court Number 37/G/2021/PTUN.MTR.

MODEL-MODEL PENILAIAN SENGKETA TINDAKAN FAKTUAL OLEH HAKIM PENGADILAN TATA USAHA NEGARA

The presence of Law No. 30 of 2014 on Government Administration that expands the meaning of state administrative decisions is not only interpreted as decisions in written form but includes factual actions. This of course also expands the authority of the State Administrative Court (PTUN). However, factual actions are not expressly mentioned in the Law. Therefore, what is interesting in this article is to clarify what factual action means. Then analyze the judge's style in deciding the object of the factual action dispute. The results of this study resulted in two conclusions, first, there are six characteristics of factual actions, namely actions or actions in public jurisdiction, actions or actions that are concrete/real, carried out by government officials/bodies, do not have legal effects, and cause factual effects. Second, there are five models of assessment of factual actions by judges at the PTUN. These five models of assessment are carried out on the same object of dispute, but PTUN judges have different grounds for consideration in deciding cases of factual action disputes. This assessment model is carried out on six PTUN decisions as material for study in this article. So that knowing the judge's assessment models, strengthens our understanding of the resolution of factual action disputes both in terms of concepts and practices at the PTUN

Non-compliance of State Administrative Officials with State Administrative Court Decisions that have Permanent Legal Force (Case Study of Bandung PTUN Decision Number: 06/G/2006/PTUN-BDG)

One of the implementations of the concept of the civil law state is the existence of an administrative judicial institution, namely the state administrative court. As the executor of judicial power, the state administrative court has the authority to issue decisions that are declarative, constitutive, and condemnatory. However, until now, the imposition of administrative sanctions still faces juridical challenges due to the voluntary mechanism for imposing administrative sanctions. The author of this study uses normative legal research methods. From this study, it is known that the factors that cause non-compliance of state administrative officials with state administrative court decisions are: (1). There is no special executive institution or sanctioning institution that functions to implement the decision; (2). There is a low level of awareness among TUN officials about obeying the TUN court decision; (3). There is no firmer regulation regarding the implementation of the PTUN decision.

Legal Certainty The Obligation To Make Administrative Efforts Before Filing A Lawsuit In The Administrative Court

In accordance with the provisions of Article 48 of Law Number 5 of 1986 concerning the State Administrative Court which has been last amended by Law Number 51 of 2009 concerning the Second Amendment of Law Number 5 of 1986 concerning the State Administrative Court ("Peratun Law") which states that not every State Administrative Decision (beschikking) as the object of the State Administrative dispute can be directly sued through the State Administrative Court, because if there are administrative remedies, the state administrative dispute must be resolved first through administrative efforts before being resolved through the State Administrative Court. This research uses a qualitative normative method, which is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The result of this study is that Sema No. 1 of 2017 has been affirmed through Perma No. 6 of 2018, thus according to the Court, as long as the administrative effort is intended to file a lawsuit to the PTUN or at least related to the procedural law of the PTUN, the word "can" must be interpreted as "mandatory" to take administrative efforts first. Then the PTUN plays a role in ensuring that law enforcement occurs effectively, by paying attention to the principles of justice and legal certainty that are the basis for every decision taken, and the PTUN plays the role of a court that has the authority to resolve state administrative disputes after the administrative efforts have been passed, in accordance with applicable regulations.