Substantial defects in Indonesia’s State Administrative Law (KTUN) can invalidate decisions, leading to revocation or annulment. This article examines key legal requirements, jurisprudential cases, and consequences under the Government Administration Law.
Procedural defects in State Administrative Law occur when government decisions violate established procedures, potentially invalidating them under Indonesia’s Government Administration Law. Such defects may lead to revocation or cancellation of administrative decisions when proper processes aren’t followed.
In KTUN Indonesia, a State Administrative Decision can be invalidated if issued with authority defects—where agencies or officials act beyond their legal powers. This article explains Government Administrative Law provisions on defect in authority, including a Supreme Court jurisprudence where a governor’s permit revocation was nullified. Understand the legal grounds for challenging such decisions.
A State Administrative Decision (KTUN) in Indonesia must be a written determination, issued by a State Administrative Body, based on statutory provisions, final and have potential legal consequences. Decisions lacking these elements may not be considered valid KTUNs.
Introduction The prevailing law in Indonesia accommodates citizens who feel their rights are violated by others, to sue the party who harmed them and ask for compensation. For this reason, default claims and tort claims are known in civil law. However, it is not...
Introduction The state administrative judiciary plays an important role in enabling citizens to protect their rights by providing a platform to challenge government policies through administrative claims. Based on the State Administrative Judiciary Law (Law No. 5 of...
Introduction Based on the State Administrative Judiciary Law (Law No. 5 of 1986 as amended by Law No. 9 of 2004 and lastly amended by Law No. 51 of 2009 concerning the State Administrative Judiciary) the administrative judiciary is authorized to examine, decide, and...
INTRODUCTION So far, the penal system used in Indonesia has employed a Retributive Justice approach, a penal system commonly used by Western countries, which emphasizes punishment for offenders of criminal acts.Alifianissa Puspaningtyas Nugroho, 2023,...
Introduction In 2018, the President of the Republic of Indonesia issued Presidential Regulation No. 95 of 2018 on the Electronic-Based Government Systems (PR No. 95/2018). PR No. 95/2018 comprises a comprehensive set of guidelines for central and local governments,...