Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia

Research Article

Implication of the State Administrative Court Authority to Review the Factual Action of Government Officials Due to the Existence of the Law No. 30 of 2014

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  • @INPROCEEDINGS{10.4108/eai.4-11-2022.2329647,
        author={Lapon Tukan Leonard and Novia Suci Ramadhani},
        title={Implication of the State Administrative Court Authority to Review the Factual Action of Government Officials Due to the Existence of the Law No. 30 of 2014},
        proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSTELM},
        year={2023},
        month={9},
        keywords={state administrative court factual action access to justice for people principles of court: simple quick and low cost},
        doi={10.4108/eai.4-11-2022.2329647}
    }
    
  • Lapon Tukan Leonard
    Novia Suci Ramadhani
    Year: 2023
    Implication of the State Administrative Court Authority to Review the Factual Action of Government Officials Due to the Existence of the Law No. 30 of 2014
    ICOSTELM
    EAI
    DOI: 10.4108/eai.4-11-2022.2329647
Lapon Tukan Leonard1,*, Novia Suci Ramadhani1
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: leo_tukan@yahoo.com.au

Abstract

The objective of this Article is to explore the extension of the absolute authority of the State Administrative Court to review the Factual Action of Government Officials due to the existence of Law No. 30 of 2014 concerning State Administration. The problems that emerged from the extension are first, to what extent the extension of the absolute authority of State Administrative Court to review the Factual Action of Government Officials, and second, to what extent the implications of the extension to the social and legal conditions in Indonesia. Through a normative juridical research and a descriptive-qualitative analysis method, the findings of this research indicate that the Law No. 30 of 2014 regarding State Administration has brought a significant extension of the absolute authority of the State Administrative Court especially related to the objects of disputes that much border than that found in the Law No. 5 of 1986 regarding State Administrative Court, and also it has brought an significant implication to the people and the laws it selves, not only a positive one (a broad access to justice for people to the Court), but also a negative one (being far away for people from the Principles of Court: Simple, Quick and Low Cost). Therefore, it needs quick action regarding the harmonization of laws to minimize the negative implication toward the positive ones.