Unlawful Acts (Onrechtmatige) in the Formulation of Administrative Disputes: A Perspective From the Law on Government Administration in Indonesia

Abstract

The low number of cases involving Government Actions in the State Administrative Court is partly due to the lack of clarity surrounding several legal concepts related to such actions as objects of dispute. This conceptual ambiguity creates uncertainty among both justice seekers and law enforcement officials regarding which Government Actions may be considered valid objects of administrative disputes in the State Administrative Court. Although the prevailing laws and regulations recognize Government Actions, Factual Actions, and onrechtmatige overheidsdaad (OOD) as objects of dispute, they do not provide clear and definitive definitions of these terms. For example, what is the distinction between Government Administrative Actions and Factual Actions? The explanatory notes for Article 1 and Article 87(a) of the Law on Government Administration merely state: "Sufficiently clear." Likewise, is OOD, as an object of dispute in the State Administrative Court, identical to OOD as an extension of Article 1365 of the Indonesian Civil Code, as interpreted in the Ostermann Arrest? Therefore, a legal analysis is essential to clarify the concepts of Government Administrative Actions, Factual Actions, and OOD within the framework of administrative dispute resolution.