PERKEMBANGAN HUKUM ACARA PERADILAN TATA USAHA NEGARA TERKAIT DENGAN KEWENANGAN MENGADILI DAN PERMASALAHAN HUKUMNYA

  • Diani Kesuma Universitas Pancasila
DOI: https://doi.org/10.35814/selisik.v6i1.1704
Abstract views: 71 | pdf (Bahasa Indonesia) downloads: 105
Keywords: Administration Court, Government Administration, Onrechtmatige Overheidsdaad

Abstract

The development of the procedure in Administration Court is the consequences from the issuance
Law No 30 Year 2014 Concerning Government Administration. One of the legal consequence,
there is paradigm changes of authority to adjudicate related to the Unlawful Act done by the ruler,
in this matter government official which is knows as Onrechtmatige Overheidsdaad (OOD) which
previously is the authority of District Court, based on Article 1365 of Indonesian Civil Code, the
loses classified as civil law as a result of government action. Further the authorization to
adjudicate Unlawful Act by the government become jurisdiction of State Administration Court.
Several legal problems are found related to the transition of authority to adjudicate in State
Administration Court. Supreme Court has issued six (6) Supreme Court Regulations, on the
regulation is Supreme Court Regulation No 2, 2019 Concerning Guidelines of dispute resolution
of government action and authority to adjudicate Unlawful Act by government institution and/or
officer Onrechtmatige Overheidsdaad (OOD). Unlawful Act is identical with the claim for
compensation, however there is no regulation as the legal ground related to how much the
maximum and minimum limitation could be claimed in the case related Unlawful Act by the
Government officer and also whether or not there is immaterial claim in the future

Published
2020-06-30
Section
Articles