- in the form of a written stipulation,
- issued by a state administrative body or official,
- contains legal actions of state administration based on applicable laws and regulations,
- is concrete, individual, and final, and
- has 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 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. The "written" indicator is important only for the process of proving the existence of a decision, and complements other indicators.
Through Article 1 number 3, the Government Administration Law expands the form of decisions, namely decisions in electronic form. 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 applicable decision is the electronic decision.
- If there is a conflict between an electronic decision and a written decision, the applicable decision is the written decision.
Furthermore, through Article 87, the Government Administration Law also regulates other concrete forms of decisions, 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 the community.
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 entitled Theory and Practice of State Administrative Court Procedure Post-Amendment, Ali Abdullah states that the authority of officials to issue decisions comes from 3 mechanisms, namely attribution, delegation, and mandate. These mechanisms are regulated through statutory 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 applicable statutory regulations.
Furthermore, because 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 third indicator appears.
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