3. Principle of Decision is Erga Omnes

In PTUN procedural law, court decisions that have permanent legal force contain the nature of erga omnes, meaning that it applies to everyone and is not only limited to those involved in the case. In other words, a PTUN decision that has permanent legal force is basically a legal decision that is of a public legal nature.

The nature of erga omnes of the PTUN decision that has permanent legal force can harm well-intentioned third parties. For example, on land certificates that are already in the hands of third parties or at a bank that is used as credit collateral, and so on. Thus, the provisions of Article 83 of the UU PTUN which provide an opportunity for third parties to submit an intervention application become very important in order to provide legal protection.

4. Principle of Unrecognized Counterclaim

In administrative court procedure, a counterclaim is not recognized because the existence of a counterclaim would reverse the original positions of the parties. The positions of the parties in administrative court procedure are definitive and cannot be changed. The plaintiff remains an individual or private legal entity, civil law, while the defendant remains an administrative body or official.

This is clearly regulated in the provisions of Article 1 number 4 of the State Administrative Court Law which states that: “A State Administrative Dispute is a dispute arising 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 applicable laws and regulations.”

References

  • Philipus M. Hadjon, “Governance According to Law”, Dies Natalis Speech and Graduation of Bachelor S1 and DIII Program of Widya Karya Catholic University, Malang, June 27, 1992.
  • Zairin Harahap, “State Administrative Court Procedure Law”, Depok: PT. Raja Grafindo Persada, 2019.