State Administrative Decision as the Object of Administrative Justice

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 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 government administration activities. These decisions are administrative and cover many fields and diverse scales.

Furthermore, state administrative decisions can also have an impact on society. For example, a mining concession impacts the residential area of residents around the mining area. A land ownership certificate impacts a person's ownership rights to the land stated in the certificate.

Because it can have an impact on society, state administrative decisions can be adjudicated. It can become an object that is examined through the administrative justice mechanism. In Indonesia, state administrative decisions can be sued through the State Administrative Court ("PTUN").

This article will discuss how state administrative decisions can become objects that are examined through Indonesian administrative justice.

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 ("UU PTUN") which has been amended with the first amendment through Law 9/2004 and Law 51/2009.

The Government Administration Law, through Article 1 number 7, regulates the definition of state administrative decisions as follows.

Government Administrative Decisions, also called State Administrative Decisions or State Administrative 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 UU PTUN regulates the definition of state administrative decisions as follows.

A State Administrative Decision is a written stipulation issued by a State Administrative Body 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.