Legal Literacy - Learn practically about the structure of administrative justice to resolve state administrative disputes.
What is a State Administrative Dispute?
A state administrative dispute is a dispute that arises in the administrative field due to the issuance of a state administrative decision.
In general, the legal basis regarding state administrative disputes is contained in Law Number 5 of 1986 concerning State Administrative Courts ("UU PTUN") which has undergone the first amendment through Law 9/2004 and the second amendment through Law 51/2009.
Article 1 number 4 of the UU PTUN regulates the definition of a state administrative dispute as follows.
A State Administrative Dispute is a dispute that arises in the field of State Administration between individuals or private legal entities and State Administrative Bodies or Officials, both at the central and regional levels, as a result of the issuance of a State Administrative Decision, including employment disputes based on prevailing laws and regulations.
Furthermore, from the definition above, there are several elements that we can draw to understand a "dispute" as a "state administrative dispute", namely:
- The dispute is in the realm of state administration, including disputes in the field of employment based on prevailing laws and regulations,
- The dispute occurs between individuals or…
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