TLDR;
This video features a presentation by Mr. Jara Lumbanraja on the procedural law of state administrative courts in Indonesia. The presentation covers key aspects such as the definition of procedural law, the structure of judicial power, the hierarchy of legislation, and the competence of state administrative courts. It also addresses the object of dispute in state administrative courts, including both negative and positive fictitious decisions, and the legal remedies available.
- Procedural law is formal law that implements statutory norms.
- Judicial power is exercised by the Supreme Court and judicial bodies under it.
- The hierarchy of legislation includes the Constitution, MPR decrees, laws, government regulations, and presidential regulations.
- State administrative courts resolve state disputes at the first level, with appeals to the high state administrative court.
- The object of dispute includes written decisions issued by state administrative bodies or officials that are concrete, individual, and final.
Introduction and Speaker's Background [0:01]
The moderator introduces Mr. Jara Lumbanraja, highlighting his extensive educational and professional background. Mr. Lumbanraja has a law degree and a master's degree, and has worked in various courts and as a lecturer. The introduction emphasizes his competence in the field of legal science.
Procedural Law of State Administrative Courts [3:51]
Mr. Lumbanraja begins by defining procedural law as the formal law that implements statutory norms. He explains that procedural law is the implementation of laws and statutes. He mentions the Criminal Code and the Criminal Procedure Code as examples. He notes that civil procedural law in Indonesia is not unified and is often regulated by Supreme Court regulations (Perma), which are frequently updated.
Judicial Power and Hierarchy of Legislation [7:05]
The presentation shifts to judicial power, as regulated in Chapter 9 of the 1945 Constitution. Judicial power is exercised by the Supreme Court, Constitutional Court, and judicial bodies within the general, religious, military, and state administrative court environments. Mr. Lumbanraja stresses the importance of referring to the basic law when preparing legal documents. He outlines the hierarchy of legislation, starting with the Constitution, followed by MPR decrees, laws/Perpu (government regulations in lieu of law), government regulations, presidential regulations, and regional regulations.
Perpetrators of Judicial Power and Competence [13:37]
The perpetrators of judicial power are the judges, who examine, try, and decide cases. Judges are part of the Supreme Court and Constitutional Court. The Supreme Court and Constitutional Court are equal state institutions. The presentation addresses the concepts of absolute and relative competence. Absolute competence refers to which judicial body has the authority to adjudicate a case (general, religious, military, state administrative, or national arbitration). Relative competence concerns which court within the same level has jurisdiction.
Law on Judicial Power and State Administrative Courts [22:36]
Article 24A of the Constitution states that the composition, membership, and procedural law of the Supreme Court and judicial bodies are regulated by law. Law Number 48 of 2009 concerns judicial power. While criminal procedural law is codified in the Criminal Procedure Code, civil procedural law relies on Government Regulation Number 1 of 1975 and Supreme Court regulations (Perma). Perma is at the same level as government regulations because it is a command of the law. Supreme Court circulars (Sema) are only binding internally, while Perma is binding externally.
Implementation of Judicial Power and State Administrative Court Law [29:13]
The state administrative court was formed based on Law Number 5 of 1986, which was later amended by Law Number 9 of 2004 and Law Number 51 of 2009. The main tasks of the judicial body include receiving, examining, deciding, and resolving cases. Examining involves hearings, and deciding involves deliberations and verdicts. Settling cases relates to the execution of decisions that have permanent legal force. Decisions can be declaratory, condemnatory, or constitutive.
Competence and Authority of the State Administrative Court [39:32]
The competence of the State Administrative Court is to resolve state disputes at the first level, with appeals to the high state administrative court. The object of the dispute is the state administrative court decision. The elements of a state administrative decision include written decisions issued by officials or state administrative bodies containing legal actions based on statutory regulations, which are concrete, individual, and final, giving rise to legal consequences.
Negative Fictitious Decree Letter [53:19]
Article 3 expands the definition of the object of dispute to include negative fictitious decisions. If a state administrative body or official does not issue a decision while it is their obligation, it is equated with an administrative decision. If the decision is not issued within the time period specified by law (or within four months if no time period is specified), the body or official is deemed to have refused to issue the decision.
Positive Fictitious TU Decision [1:00:47]
The presentation discusses positive fictitious TU (Tata Usaha) decisions, referencing Article 53 of Law Number 30. This relates to situations where a TU official should, because of their obligation, take action or issue a decision. If the provisions of legislation do not determine a time limit, the official is obliged to make a decision within 10 working days after the application is received in full.
State Administrative Disputes and Parties Involved [1:08:58]
State administrative disputes arise in the field of state administration law and include the issuance of decisions, including personnel decisions. The plaintiff can be a legal subject (person or civil legal entity), and the defendant is an official. The lawsuit contains a claim against a state agency or official and is submitted to the court to get a decision.
Judicial Law and Government Administration [1:10:27]
The presentation discusses the intersection of judicial law and government administration. It explains that before taking a case to the state administrative court, administrative legal action must first be taken with the relevant government body. This involves filing an administrative objection and, if necessary, appealing to a superior official.
Administrative Efforts and Legal Counsel [1:14:48]
The disputing parties can be accompanied by legal counsel or file their own case. The plaintiff, defendant, or intervenor can be involved. Administrative efforts include appeals to superior officials. If the superior official does not issue a decision, community members can file a lawsuit.
Lawsuit Letter and Petitum [1:16:48]
The lawsuit letter should include the date, address to the chairman, identity of the plaintiff and defendant, fundamentum petendi (narrative), and petitum (what is requested). The petitum can include taking the lawsuit, declaring it null, requiring the defendant to revoke and issue the SK (Surat Keputusan, Decree).
Procedural Examination and Legal Remedies [1:18:51]
The procedural examination involves registering the lawsuit, an initial examination to determine the court's authority, and then appointing a judge or panel to the trial stage. Legal remedies include appeal, with a time period of 14 days since the decision was pronounced.
Positive and Negative Fictitious Decisions [1:21:22]
The presentation revisits positive and negative fictitious decisions. If an official is silent on a request, it is a negative fictitious decision. Positive fictitious decisions are connected with government administration law. In a positive fictitious scenario, the request is considered granted.
Electronic Registration and Trial [1:22:52]
Registration and trial in court are carried out electronically based on Supreme Court Regulation Number 1 of 2019, amended by Number 7 of 2022. This includes electronic registration, electronic payment of fees, electronic trials, and electronic summons. The Supreme Court has collaborated with Pos Indonesia for registered letters.
Question and Answer Session [1:27:05]
During the question and answer session, Mr. Lumbanraja clarifies that there is no mediation in the procedural law of the state administrative court. He also explains that policies are not included in the domain of the state administrative court but are subject to the press law or can be tested in the Supreme Court if they result in regulations. He addresses a question about a nightclub permit, emphasizing that the community must form a legal entity to sue in the state administrative court.