Jakarta – Wednesday (31/7). At the Faculty of Law, Trisakti University, Jakarta, a National Seminar and Call For Papers was held, with the theme “Problems of State Administrative Procedure Law Post-Government Administration Law”. The main speakers at this activity were Dr. H. Yodi Martono Wahyunadi, SH, MH (Supreme Justice of the Republic of Indonesia), Rivai Kusumanegara, SH (Deputy Secretary General of PERADI). One of the speakers at this activity was Mrs. Dezonda R. Pattipawae, SH, MH (lecturer at the Faculty of Law, Unpatti, Department of State Administrative Law).
The title of the paper presented at the event was Settlement of Government Administrative Disputes in the State Administrative Court after the Enactment of Law Number 30 of 2014 concerning Government Administration.
The substance of this paper is about the Law on State Administration guaranteeing basic rights and providing protection to citizens and guaranteeing the implementation of state duties as required by a state based on law in accordance with Article 27 paragraph (1), Article 28 D paragraph (3), Article 28 F, and Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Based on these provisions, citizens are not objects, but subjects who are actively involved in the implementation of government. The existence of UUAP is "the entire effort to re-regulate the Decisions and/or Actions of Government Agencies and/or Officials based on the provisions of laws and regulations and the General Principles of Good Governance (AUPB)", of course resulting in many changes to the State Administrative Court as a Court that handles State Administrative disputes or State/Government Administrative disputes.
Since the enactment of the UUAP, the objects and subjects in TUN disputes have changed and developed broader. The objects in TUN disputes according to the UUAP are Government Administrative Decisions/Actions, positive fictitious Decisions and requests for assessment of abuse of authority. While the subject of the Plaintiff/Applicant in TUN disputes based on the UUAP is the community, and the Defendant/Respondent is the TUN Agency/Official who issued the Decision/Action, and specifically in cases of requests for testing abuse of authority, the applicant is an official or government agency. This writing is a normative writing, using a statutory approach.
The very significant changes to the objects and subjects in State Administrative disputes based on the State Administration Law have not been followed by changes to the State Administrative Court Law.
