This article elaborates on the legal foundation and scope of discretion within Indonesian administrative law, highlighting how State Administrative Decisions (KTUN) are formulated and justified based on statutory authority.
This article analyzes how land certificates may qualify as State Administrative Decisions (KTUN), yet disputes involving land ownership may require prior civil court resolution.
The Indonesian Constitutional Court reviewed the 1999 Arbitration Law, particularly the definition of “international arbitral award.” It ruled to remove “considered,” which some viewed as adding legal uncertainty. However, the ruling didn’t address broader issues surrounding definitions and interpretations, leaving questions about clarity in international arbitration unresolved. A modernization of the law is needed.
Unjust enrichment, though not expressly regulated in Indonesian civil law, has conceptual similarities that emerge in legal practice and scholarly interpretation. This article examines those parallels and their implications.
Overlapping land certificates in Indonesia continue to cause legal uncertainty. This article explores the legal consequences, relevant regulations, and key court decisions addressing this issue.
The jurisdiction of the tribunal stems from the existence of an arbitration agreement. Indonesia Arbitration Law of 1999 does not specifically regulate the tribunal’s jurisdiction and whether the tribunal can determine its jurisdiction on its own,...
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.