Legal Literacy - In carrying out duties government administration, government officials generally issue state administrative decisions.
An example of a state administrative decision is a mining concession. The official who issues the concession is an official in the mining sector. The official issues the concession based on their authority, which is regulated through mining regulations.
Another example is a land ownership certificate. The official who issues the certificate is a land official based on their authority in regulations within the same field.
We will find more forms of state administrative decisions through activities government administration. These decisions are administrative in nature and cover many fields and diverse scales.
Furthermore, state administrative decisions can also have an impact on society. For example, mining concessions affect the residential areas of residents living around the mining area. Land ownership certificates affect a person's ownership rights over the land listed in the certificate.
Because it can have an impact on society, state administrative decisions can be adjudicated. It can become an object examined through the administrative justice mechanism. In Indonesia, state administrative decisions can be sued through State Administrative Court ("PTUN").
This article will discuss how state administrative decisions can be examined through Indonesian administrative justice.
Elements of a State Administrative Decision
The meaning of state administrative decisions is definitively regulated in 2 laws in the field of state administration.
First, Law Number 30 of 2014 concerning Government Administration ("Government Administration Law"). Second, Law Number 5 of 1986 concerning the State Administrative Court ("State Administrative Court Law") which has been amended with the first amendment through Law 9/2004 and Law 51/2009.
Government Administration Law, through Article 1 number 7, regulates the definition of state administrative decisions as follows.
Government Administration Decisions, also called State Administrative Decisions or State Administration Decisions, hereinafter referred to as Decisions, are written stipulations issued by Government Agencies and/or Officials in the administration of government.
Slightly different from before, through Article 1 number 3, the State Administrative Court Law regulates the definition of state administrative decisions as follows.
A State Administrative Decision is a written stipulation issued by a State Administrative Agency or Official containing legal actions of State Administration based on applicable laws and regulations, which are concrete, individual, and final, which have legal consequences for a person or private legal entity.
From the 2 articles above, it can be understood that something is called a "state administrative decision" if it has the following elements.
- in the form of a written stipulation,
- issued by a state administrative agency or official
- contains state administrative legal actions based on prevailing laws and regulations,
- is concrete, individual, and final, and
- creates legal consequences for a person or private legal entity.
The State Administrative Court Law stipulates that the term "written" in the first indicator does not refer to the form of the decision, but rather to the content of the decision. This means that a note or memorandum can be considered a decision even if the note or memorandum does not have a formal form, such as a printed document. This "written" indicator is important only for the process of proving the existence of the decision and complements other indicators.
Through Article 1 number 3, the Government Administration Law expands the form of decisions to include electronic decisions. These electronic decisions have the following provisions.
- Electronic decisions have the same legal force as non-electronic written decisions.
- If an electronic decision is issued based on a written decision, the electronic decision must be conveyed to the intended party.
- If a written decision is not conveyed to the intended party, the electronic decision shall prevail.
- If there is a conflict between an electronic decision and a written decision, the written decision shall prevail.
Furthermore, through Article 87, the Government Administration Law also regulates other concrete forms of decisions, namely as follows.
- Written stipulations that also include factual actions,
- Decisions issued by state administrative bodies and/or officials within the executive, legislative, judicial, and other state institutions, and
- Decisions that apply to members of the public.
In the second indicator of state administrative decisions, it is explained that the party that can issue state administrative decisions is an official. Here, not every official can issue a decision. The official must be an official in the field of state administration and have the authority to issue decisions based on regulations.
In the book titled Theory and Practice of State Administrative Court Procedure Law Post-Amendment, Ali Abdullah states that the authority of officials to issue decisions originates from 3 mechanisms, namely attribution, delegation, and mandate. These mechanisms are regulated through laws and regulations that bind officials.
The authority of officials to issue these decisions adheres to functional criteria. This means that the authority is one application of the official's function to carry out government administration. The authority is regulated in prevailing laws and regulations.
Furthermore, since a decision is issued by a state administrative official, it is logical to state that the content of the decision also contains elements related to state administration. This is the reason why the 3rd indicator appears.
The "content" of the decision is an action capable of producing legal consequences in the field of state administration. Clearly, the action originates from the official who issued the decision, and the legal consequences of the action are regulated in the laws and regulations in the field of state administration.
The decision must also be concrete, individual, and final. Concrete means that the object of the decision is something clear and has a form. Individual means that the party addressed by the decision is an individual or a legal entity, and not the general public. Final means that the emergence of the decision automatically gives rise to legal consequences.
The "legal consequences" of the decision are a new situation for the party being addressed. Here, the party being addressed will have a legal relationship with the state administrative official who issued the decision. Both parties will bear their respective rights and obligations based on what is stipulated in the decision.
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