Admin Law

After UTS materials

Richo Andi Wibowo

richo.wibowo@ugm.ac.id

Administrative law discuss 3 matters:

1. Law that equip the government with certain powers

2. Law that enables the government to enact certain regulations
3. Law that control/ limit the government’s power

GOVERNMENT ACTION

Objective: understand the power and the limitation of government action

Introduction:
 State is made to protect its people
For instance; trade barriers – which every country exercise; tax policies.
“Multiplier effect”: Manufacturer has workers and they give wages, that
wages is used to buy clothes, and other stuff from a seller. This money that
the seller obtain, will be used to buy another thing.
 From the negative EXTERNAL excess, not only related to policies but
also related to security issues; for the stability of the region. Can also
be related to military. To protect the country from other country.
 From the negative INTERNAL excess, “the unequal position in the
society does not mean that the have can treat the not have badly” –
child labor. Indonesian economic depends on the government,
 therefore without the government intervention, the distribution of
wealth would not be equal. In developed countries, for instance the
government use taxation policy; someone is positioned as researcher
and promised $2000, but the tax is $800, therefore he only get $1200.
That $800 is going to be used to help the poor.
 To do so, the state – which is run by the government shall bear powers
 The power should be big – sufficient enough to take care (caring; welfare
state – the state make full intervention to make sure there’s a society
justice) of the society
 But also, the power tends to corrupt
 The fact that the government needs to bear huge powers, the powers shall
still be controlled; this may prevent the gov actors become authoritarian
regime (Soeharto’s regime – he last long as a President because lack of
control), law is the prominent tool

Term: administration; the government itself

Questions for discussion:

1. What elements should be met to ensure the government conducts a legitimate
action?

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  Effectiveness, meaning the government’s activity should be based on the targets
that were assigned to them.
 Legitimacy, meaning that the government’s action or administration of the state
should not create controversy because the local community or the surrounding
environment did not accept it.
 Jurisdictions, is a requirement stipulated regarding the actions of the state
administrative officials must not violate the law in a broad sense.
 Legality, meaning in there is no actions or decision of the state administration
that should not be done without it being stated in the basic laws in written form.
If the state administration performs an action based on an emergency, the act
must be clarified after. If the act was failed to be proven, it can be brought to the
court.
 Morality, is one of the elements that catches the attention of the public; general
moral and ethical deed should be upheld and misconduct, rudeness, insolent,
disrespectfulness, usage of inappropriate words overall unethical conducts must
be avoided.
 Efficiency, shall be pursued as optimum as possible. The cost-effectiveness and
productivity should be highly cultivated.
 Highly effective techniques and technologies must be used to develop or
maintain the quality of achievement as much as possible.

2. Would it be legitimate for the government to perform an action whenever no

legal base for her to do so?

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 The legality principle is the basis of all government actions and state duties.
Each duty must be given by the law and must be the source of capability of
the government to conduct certain acts.
Based on the uud 1945 art 12, the president has the authority to declare
emergency situations, and the requirements of a situation to be considered as
an emergency is mentioned in the uu.
Based on peraturan pemerintah pengganti undang-undang
Nomor 23 tahun 1959 tentang keadaan bahaya. Emergency in here means
unpredictable situations. It says that the government in a state of emergency
has the right to conduct acts which are not regulated by the law for her to do
so, but should be done based on good intentions for the sake of many people
and must not conflict with their individual rights and freedoms. Thus the act
must be justified after by the state or else the act can be brought to the court.
Therefore, I think they can as long as it is within their authority and does not
interfere with the other branches of government duties, thus not contradicting
with the laws and the constitution. A problem can arise when exercise by state
authorities conflicts with individual rights and freedoms. (except for the
emergency status)

3. Two types of government actions are decision and regulation; what are the
difference between these two?

Decisions are a conclusion or resolution reached after consideration.

Decision is an authoritative statement about legal relationships within legal
interactions that can affect the rights and duties of the parties involved or those in
a similar situation usually followed by an order that may or may not be based on

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 rules. For example are court decisions, they are more customary and a decision is
more binding on those to whom it is addressed rather than the general public.

Regulations are a rule or directive made and maintained by an authority.

Regulations are a rule in a formal written form that is maintained by an authority.
A rule usually contains a statement of facts and consequences that may follow
from those facts. Have binding legal force throughout every Member State. A
"regulation" is a binding legislative act

AUTHORITY AND POWER ARE DIFFERENT?

In government, the term authority is often used interchangeably with power.
However, it is different. Power is defined as the ability to influence somebody to
do something that he/she wouldn’t have done. Authority refers to a claim of
legitimacy, the justification and right to exercise that power.

Write down by handwriting, in a piece of paper

Lost my notes for the last meeting again…. :( gotta ask people for

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DELIVERING PUBLIC SERVICES

One of the most important duties of the administration (the government) is to conduct
public services. Nonetheless, according to certain report, its performances are not
always good or comply with the law.

The government is bound by:

 Legislations – people would think directly to acts
 Code of ethics – legal principles?
It is legally binding, because they are codified in the law
 Lower levels of law like governments decisions
 Hierarchies of laws

PRINCIPLES
(1) Legal principles
 It is legally binding
 It has legal consequence
 If it is not fulfilled we have certain right to claim
 Transparency is a legal principle, it is not stated clearly though we can conclude it
from several articles

(2) Moral principles

 Its not legally binding
 Cannot be brought to the court, but it is essential tho
 Does not have legal consequences

 Second question: the action must be based on law.

Law no 30 2014 mention;

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 Principle of legality, discretion, emergency
It should be based on law to emphasis legal certainty.

 Of course the principle of legality play very important role in the government
actions. However, there are certain issues that may not be regulated. In situation
where an act should be done but the government does not have legal basis for her to
do so what will happen?
So the government has the duty to act the legal principles
About the principles of good administration
There are 2 guidance:
1. Regulations (may be broader than constitution and acts)
2. Legal principles

 In the latest discussion:

Is it the same thing principle good governance and principle of good
administrative governance are the same? Does it refer to the same thing?
There are two points of views about this matter:
o Good admin and good govern can be used interchangeably.
o Good admin is implemented by the administration, but when we talk about
good governance it will effect the other branches and broader than just the
executive.
So there’s 3:
- Proper administration
- Good administration
- Good governance

In an emergency situation, the main point is the citizen must be protected, and it should
be ensured at any cost. Whenever there’s an emergency situation, the government

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 should obtain some flexibility, by having certain regulations must be put set aside, but
it must be justified. But at that time the executive can utilize that power to ensure it.
Powers are given;
 By the regulations
 Based on good governance

o If the law doesn’t exist? What are the governments actions based on?
Question from the kakak:
The idea is that there are certain issues that are not regulated
They must permit certain issues, based on futuristic point of view
The principle of legality may be supported by guidance of the principles (abstract)
(primafacie) something that is believed and it must be a good thing, the result must be
good. But because it is very abstract it cannot be binding there are certain things that
cant be implemented. But the general idea must be good.

The third question:

Government decisions. Regulations are more binding
Putusan tidak sama dengan keputusan
Putusan  court decision/issued by court ruling.
Keputusan  decision. Administrative decision.

 Regulation
Is not meant for one person, it is meant for the general.
Regulations in criminal law; every person should not kill anyone. (General and
abstract)

 Decisions
Cannot be used by other person (concrete)

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 Because that is very individual and focuses on that certain case.

Focusing on the first question:

- The governments actions should be based on the principle of legality; its apparatus
should be equipped with the power to conduct the action
- The regulation and action shall be in line with the nature of justice (a. General will of the
people) b. Human rights)

Ex: the husband gives his wife marijuana because she was ill (they were poor)
It implies the necessity for the reasonable actions, not only based on the law, based on
the society. The public opinion is important, however it is not always a good guidance.
When people have sympathy with the illegal action. That’s strange.

Ex: Law that enable the Nazi to kill Jews

If u went to certain areas
But then when the officials ask why they do that they said their just following the
regulations.
But based on the court now, u r violating human rights.

ANSWERS FOR QUESTIONS

1. Which condition can lead to the annulment of an administrative decision?
Government has to inform the decision to the public
a. Transparency principle
b. The decision can be an obligation to someone
c. We have right to know

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 d. The right to defend; if there’s a decision you feel like is not right. To prevent
the arbitrary decision, you have to know about the decision first. You can go
to court.
2. What is the difference between void decision and voidable decision?
Void decisions are for decisions which has never had legal effect
Voidable decisions are for decisions which are valid and effective and
successfully challenged
3. If decision made by the government is declared as null and void what are the
consequences?

Perpu is however not decision.

If Perpu is declared as null and void it is considered not valid, not made into UU.
It does not have legal force, therefore not legally binding.

Considered as never exist

4. Who has authority to declare decision made by the government as null and
void?
Whenever a government issue a decision, then everyone should consider that
decision is based on legality/ careful legal basis (we must assume it contains
legal basis and it is the most suitable decision made by the government) except
when it is stated otherwise by authorized institution. Whenever a decision
issued, it may be directly implemented and binding.
Administrative court is the only one who can declare that a decision that can
declare the decision null and void, unless there’s a new decision created by
higher officer then the older decision is automatically null and void.
5. Government provide service to the people. If people suffer disadvantage from
government service where shall these people look for remedy?
Some “sop ” from a shopping center is moved bc it has to be renovated and Commented [AB1]: That’s how he says it 
there’s a decision made by the government that they have to move from there

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 because they’re not entitled (aside from not paying tax). If they object, they can
go to the institution that made by the decision (mayor; government) but they
may also go to the court (they have options).

DISCRETIONARY POWER Commented [AB2]: Discretion v.

Prerogative rights – it’s different bc
Rules are the only efficient way to organize complex societies and carry out the diverse “possession”. Discretion is for government in
general and Prerogative is for the President
function of the state – Tuebner (only one person), Discretion is for one body
– police, but in contrary one Presidential
Rules do not only allow bureaucrats to be guided and directed, but these also allow them to building does not hold discretion
be tested and controlled Commented [AB3]: Rules gives directions
so that members of the society head into that
In these days, computer might have softwares that can give legal advice. However, software direction

might be suitable for analyzing rules, but not designed for analyzing discretion Commented [AB4]: Government
Commented [AB5]: Power are limited
Discretion by Mas Richo:
Commented [AB6]: Since the law are public
Discretion is often better, as it can fully take into account the need for tailoring (everyone can see), it can be tested
(disesuaikan) result to unique facts and circumstances of a certain case – Harlow Commented [AB7]: Legal system is made to
The (conceptual) justification for discretion is that the need of individualized justice ensure that the law fit the people

A traffic light possess no discretion at all

- The necessity of discretion is that it gives you human aspect; the sympathy. The
system does not feel the process, it may only follow rules set by the birocracy. By
having discretion it ensures that the context are also taken into account when the
government implement such decision.
For instance: there’s an accident in one of the road, and the police officer tries to
ensure that the ambulance can go to the accident place. That kind of discretion si
important so that it’s suitable to the context.
- Discretion is rarely absolute, but it is also rarely absent. It is a matter of degree,
between high and low.

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 - The discretion degree is high whenever the rule set so and give vague standard:
such as fairness and justice, public interest, etc.
- On the contrary, the degree is low whenever rules do not allow much room for
interpretation Commented [AB8]: “very strict” in a sense
- Questions for last week: of the government may only do “…..” when
the condition is A or B or C
1. How to prevent the arbitrary action conducted by the government due to its
discretionary power?
Jawaban yang kemaren udah bener
2. What kind of action can be taken by the aggrieved citizen to defense their
interest from the civil servant exercised discretionary power?
The aggrieved citizen shall firstly look for any available means to obtain
remedy, such as complain to the related civil servant higher ranked of the
civil servant or ombudsman. The last resort is to submit claim to the Court Commented [AB9]: The body which
for remedy. supervise “pelayanan public”

Discretion by Mba Kaka:

Discretion is decision and/ or action issued and/ or conducted by the administrator
to settle concrete problem faced in the government practice where the law provides
option, incomplete, or unclear, and/ or stagnant (pno. 30 of 2014 regarding
administration)
- Prerogative vs Discretion:

Prerogative: embodied to the head of state, position, not according to law, Commented [AB10]: Since this is admin
constitution (explicit), privilege class (lmao), the cope of prerogative right is
only the executive
Discretion: government in general, circumstances/ concrete case, based on law,
implies, FREE WILL

President has right to choose Constitutional Court judges is prerogative right

President has the right to choose a judge more than the other is discretion

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 - What are the requirements to conduct discretion Commented [AB11]: Has to be fulfilled in
 In accordance to the purpose of discretion itself order to conduct discretion. For instance
Kemal is Joshua friend who is married to
 Does not violate the law and regulation Gina. Joshua conducts domestic violence and
 In accordance to good governance principle bring this to Kemal bc he’s police. Kemal
tries to settle this on his own. This is
 Based on objective reason considered to not met the requirements.
 Doesn’t create conflict of interest
 Conducted based on good faith

- The scope of discretion

The decision and/or action is taken because
 The law which provide option for the decision and/or action
Such as the case of ojek online, there’s no law regarding this. Which is
why the government took action. “The action of government not
doing action is also an action” – such as you tried to issue a license
but the government is not doing anything, whereas they are supposed
to conduct something.
 The law is absent
 The law incomplete or unclear
 The administration is stagnant
- When discretion is categorized as an arbitrary action
When the administrator makes decision or acts:
 Beyond its authority Commented [AB12]: For instance a mayor
 Beyond the time limitation tries to make governor decision level

 Beyond its jurisdiction Commented [AB13]: When Sultan of Jogja

 Against good governance principle for instance makes decision for Klaten

- Discussion
Although the discretion is legal it might not be correct
- Questions from last week:
1. What are the standards of adm decision?

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  Effectiveness of administrative decisions
Achieve the goal
 Efficiency of public expenditure
Cost and benefit
 Legitimacy of procedures and argument
Accepted by the parties
 Lawfulness of the exercise of legal power
Acc with the legal standards
2. Why there are different standard of adm decision?
Probably, it’s because they have different kind of thinking – economist think
about efficiency, political sciences thinks of legitimacy, so on. But the one
who will decide which standards prevail is the government.
3. How do you relate those standards from one to the other?
These standards can sometimes interact positively, but sometimes interact
negatively. The case of Jogja: local government and special government
regarding culture, local gov thinks the cultural affair is all on special
government.

ADMINISTRATIVE SANCTION

Definition
A sanction imposed by administrative body, including independent administrative
bodies
Some examples of administrative sanction, such as – but may not be limited to the -
loss of a deposit, the administrative fine, the exclusion from subsidies, and
blacklisting
It can be a promising tool to ensure the compliance of the regulation
 The loss of deposit
 E.g.: the government build a hospital and announce tender
opportunities – 5 companies submit proposals of interest. In this

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 situation, a public body determine that they will give contract to
company C as their partner (with the following reasons). Company A
file objection to public body because they think their proposals are
better. Then if they still object, they should file objection to superior
body along with deposit (50 jt). If after the examination the superior
body found the complaint is based on merit, the deposit will be
returned and the officer might give favorable decision on him. But if
not, he will lose his deposit.
 The idea can also be used in many cases; for instance: a banner that is
out of date; has to be pulled out since long time ago. But however the
companies take profit by breaching the length duration of their
outdoor banner. The government made contract in certain length with
the local government and intentionally breach it. Therefore, Satpol PP
has to pull down the banner; they’re making the pollution but we are
the one who has to pay (through text). The local gov shall set the
deposit mechanism, if the companies abide the length, they can take
back their deposit. Otherwise they would lose it.
 The administrative fine
Can be imposed by central gov, local gov, and independent administrative
bodies
 Central gov i.e.: police officer may handle issues related with criminal
offenses, but also may handle issues related with administrative
offenses; when you’re breaking speed limit, not wearing helmet.
Whenever it causes injury or death; hitting someone, can be classified
as criminal offenses. When you get the ticket and you have to pay in
the bank, it is administrative fine. When you have to go to the court,
you are dealing with criminal law offense.
 Local gov i.e.: you would like to build an apartment/ house, you shall
comply with certain regulations. If you fail to do so, according to the

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 law, you will get fines. In UK since the court handles so many cases,
the issues are given to the municipalities to deal with, for instance
graffiti, rapping in public – they will be given ASBO (Anti-Social
Behavior Order) that prevent them for instance to be going to certain
area, not drinking alcohol, aside from fines.
 Independent administrative body i.e.: every single public body can be
classified as administrative body as long as they do not make laws
and under judiciary. KPPU can also be classified as administrative
body/ independent administrative agencies – it does not correlate
with anything, it has independent characteristics, it has power to
investigate, has the power to organize the trial, and also it may
impose sanction and make decision of a case – combines the role of
executive, legislative, judiciary. However, the decision might be
reviewed by judiciary bodies. The point is, it can also issue the
administrative sanction.
 Exclusion from Subsidies (NL)
 The idea is that, the suspected or proved criminals – either person or
corporation- should not get access to public fund: subsidy and public
contracts – in this context license
 This refer to persons or companies associated with brothel/ red light
district, or selling cannabis
 The fact that they use administrative sanctions rather than criminal
sanctions on money laundry, might be because they don’t have sufficient
evidence.
 Blacklisting
 Tightly related, but not interchangeably
 A good example of blacklisting occurs in public procurement. Sometimes,
blacklisting is also called as debarment or exclusion
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Commented [AB14]: They tend to use
administrative law to solve problems rather
than criminal law
Commented [AB15]: The company is the
one selling weed, and the company got it
from criminal organization. Therefore, the
company is affiliated with criminal
organization. They also see the company
does money laundry – hence the company
activities is hidden (people sees it as positive
activity). They then tried to participate in
LRT public tender like the one in NL
municipalities – the government then detect
that there are 2 applicants that are affiliated
with crime organization, and they are
announced to be excluded from subsidies
and public contracts
Commented [AB16]: For instance: a
company who affiliates with crime
organization wants to open a restaurant.
Instead of giving permission, the
government directly reject the application;
because the government wants to directly
eradicate the crime not deal with the crime
organization (bij idk????? This is what he’s
saying??????????)
Commented [AB17]: Blacklisting; daftar
tender and promised some stuffs – but they
can’t achieve it (diumumin di surat kabar,
etc) – you’re only blacklisted for 2 years.
Meanwhile in exclusion, you’re not
considered at all – more permanent.
  Persons or companies failed to accomplish the projects (and other certain
grounds) will be listed on the national blacklisting system for maximum
two years. Those will not be able to participate/ compete in the public
tender
 Arguably, blacklisting is the manifestation or ‘naming and shaming’,
other companies may not be interested on dealing business with the listed
company
The growth of punitive administrative sanction
 Administrative fines, exclusion from subsidies, and – a recent development
in NL – the public prosecutor are enabled to impose punitive measures
without the intervention of the court indicate the growth of administrative
sanction
 This growth blurs the borderline between criminal and administrative law Commented [AB18]: In Indonesia, there’s
(Broring and Tollenaar, 2007) tipiring (tindak pidana ringan) – light
criminal offense. Like, breaking the speed
Criminal law: limit, the one imposed is administrative
 Imposed by the court sanction, not court decision. In Netherland,
there’s administrative sanction with punitive
 Focusing on sanctioning, as the consequence of handling the serious character.
crime
 It can ended up by imprisonment
 The standard of evidence is ‘beyond reasonable doubt’ Commented [AB19]: “Lebih banyak
salahnya”
Administrative law:

 Imposed by the administration although the decision can be examined at

the court
Commented [AB20]: If you see a case for
 Promising tool to prevent the undesirable situation instance, you believe this company has
 The sanction is NOT imprisonment association with crime organization, public
officials can determine directly whether the
 The standard of evidence is ‘more likely than not’ sanction can be imposed, without public
hearing on the court
The borderline:
Commented [AB21]: “belum tentu dia
bersalah, tapi bisa ae dia salah”

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 When we talk about administrative sanction with punitive character usually:

i. Has a higher standard conviction (character of crim. law)

ii. Ne bis in idem is not recognized (character of admin. law) Commented [AB22]: Because administrative
Other sanctions sanctions can be given repeatedly

- There are other types than sanction other than punitive sanctions that have been
discussed
- Reparatory sanctions for instance, it aimed at the reparation of the offence. Ex:
one has to demolish part of the building which does not correspond with the
building permission issued by the authority. This sanction can be given together
with the fine. Commented [AB23]: For instance: according
- Freezing or even annulling the license, for instance an authority may freeze the to the contract you have to build 60% of the
total land, but you ended up building 80%,
driving license of a person who breaches the serious offence of traffic regulation. you have to therefore demolish the 20% and
Similar to above, it can be imposed along with fine. However, the authority you could also be sanctioned with fines

should consider the principle of proportionality. Commented [AB24]: In other country,

obtaining license is very difficult. For
Questions from last week instance: when you hit someone or causing
1. Regulation is not only regulated what to do or what not to do by the other person serious injuries, the government
may freeze your driving license, if it’s really
administration, but also sanction imposed. Why is it necessary to regulate bad, it will be freeze permanently
sanction in the regulation?
 To prevent the abuse of power
 To adhere the principle of legality
 To increase the accessibility concerning the norms (citizen and the
government)
 To give the preliminary notification for the potential doer to prevent such
actions
It is important for regulatory maker to make the law clear (in this case
sanctions), so that the officials did not interpret it differently from the
original purpose. If it is interpreted differently from the original
intention, it could possibly cause grief for the citizen. Commented [AB25]: This is what he says

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 2. Sanction imposition is like a spectrum. When fineable infringements become a
punishable offence?
When it interferes with injury or safety, the offence was done three times,
economic advantage, failure to comply with an order
3. In public procurement, there are sanctions namely exclusion and blacklisting.
Please elaborate these two sanctions!

Exclusion: the action conducted by the government to exclude the company

from tender – like when they try to bribe, it is possible that the government
directly exclude the company Commented [AB26]: This does not happen
in Indonesia tho
Blacklisting: put problem maker on the list; on the website for certain period, so
that everyone can see who are on the list

What is the criteria to put a company in the blacklisting system?

For example: the company that is UGM partner on building FH, did not comply
with the contract to finish the building. Aside from taking the case to the court
on the ground of breaching of contract, UGM can also put the company on
Blacklisting (daftar hitam LKPP). It is prohibited for public body (government) to
conduct a contract with blacklisted company, but however for private body it is
up to them whether to conduct contract with the blacklisted company or not.

Can a party directly put a company on blacklisting system, without court

decision first?

ADMINISTRATIVE COURT

Legal Basis

UU 1986, 2004, and 2009

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  In 1986, the appointment and dismissal was done by the President and
Ministers. In 2004 and 2009 it’s the President and Supreme Court
 In 1986, the judiciary branch was politically under executive branch. The
court claim they’re independent (in authoritarian regime, the management of
other branches are under executive), although not in written form. If the
management is still under executive, they can’t be considered to be
independent – the decision might be in favor of executive. In order to
guarantee the independency – not just on deciding cases but also on the
judges.
In 1998 there was a reformation because the executive was too strong,
therefore the law is changed, the management of the court was not under
executive but independent on its own– it is important to guarantee the
independence to ensure the decision is in favor of the justice and not
executive.
Under the 2004 and 2009 law there was Judicial Commission Commented [AB27]: Need more
 Etc explanation bc I wasn’t listening

Case Example

 The Ahmadiyah case

 A joint decision of Ministry of Religion and Ministry of Home affairs –
functioned to limit the activity of Ahmadiyah followers
 The letter is binding but the adm court rejected because it wasn’t the
jurisdiction of adm court, but however it brought harm for the people

Questions from last week

1. Indonesia established administrative court in 1986. Why is it necessary to have
an administrative court?

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 We have to establish a specific court for disputed decision that is done by the
ground of administrative conduct – the problem is that why do we have to
establish a new court because the government has a power?
Because there’s a different level from the government and the people; the
government has the power and authority, while the people does not have. There
has to be a mechanism to bridge this, if there’s no court, the government could
possibly conduct abuse of power and the people would have no place to claim
this.
To challenge the government, whether the government has done the conduct
correctly or not.
2. In the beginning of Administrative Court establishment, why only few cases
heard by the court?
 We have administrative court because it was authoritarian regime – by
having administrative court, it was hoped to give international world an
assumption (idk the exact word) that Indonesia is not so authoritarian
But it was Soeharto’s regime and the people was reluctant to file claim to
administrative court.
 It was underdeveloped and a new institution
 Jurisdiction – presidential decree is not a decision, it’s a law, therefore it’s
the jurisdiction of Supreme Court
 Judge competence
 Claimant lack of research on legal basis – like the decision can only be
challenged 90 days after being issued
3. The government acts as defendant in the Administrative Court. Whether the
government refers as individual or organization?
It refers to organization, not as individual. You claim against the possession/
authority, not against the individual. If it is against the individual, it is the
jurisdiction of district court. This is regarding the decision as administrator – not
as individual, it doesn’t matter who’s sitting there.

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 4. Claimant of the Administrative Court is aggrieved party who feel disadvantage
by the government action. Whether aggrieved party shall always be individual?
No, because sometimes it’s not always a person but it’s a community of people.
For instance; a group of fishermen who feel disadvantages by the government
because the decision of fishing restriction. Since they have the same interest –
class action – because you challenge the same decision – therefore more effective.
Like in the case of Rembang like the people who bring this to the court together
because they have the same interest.
5. Administrative Court adjudicate cases between the government and the people.
Who shall execute the decision of the Court?

The government, because they’re the one who issued the decision. Hence, has the
authority to also repeal the decision.

STATE FINANCE

Definition
State finance is all states rights and obligation which can be valued by money and
anything whether in the form of money or asset which can be owed by the state
related to the implementation of the rights and obligations
Budgeting period (1 January – 31 December)
 The budgeting period used to be in the middle of the year (June – July)
 The cycle

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 May 2016 1 January - 31
August 2016
(budget December 2017 1 Jan 2018
(HOR passed
planning by the (implemented) (report)
the bill)
President)

 If according to the report, there’s something suspicious, HOR has the 3 rights
to question, etc
 If the HOR rejects the bill of state budget, the bill that is going to be used is
the same as the previous year.
State budget
The form of state finance management stipulated annually by law; it consists of
income, spending, and financing. State income consist of tax collection, non-tax
collection, and bequest. Spending is used to implement central government duty and
to implement finance balance between central and local.
1. Income: tax, non-tax, bequest/ grant
2. Spending: balance budget
3. Financing:

The basis for the government to submit the bill is the working plan – like local
government, etc; all the elements – it will be the work performance target of the
government for the year. Previously, we have GBHN, but now MPR no longer has
the authority to create GBHN (even though it’s still in the hierarchy of laws??). We
now have RJP, RJM, and RPT – which are the guidelines on where the state is
heading.

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 Questions from last week
1. How will you relate between administrative law and state finance law?
The government state finance is aimed for public service; which public service is
a part of administrative law
2. How does the concept of state finance policy in administrative law?
- Financial administration
1) Budgeting; planning (President)
2) Bookkeeping; implementation and recording (President)
3) Financial reporting; report the use of the money (DPR)
3. Who may submit the bill of state budget?
As attributed by the Constitution, it’s the President who can submit the bill of
state budget – why the only institution that can submit this is President? Because
“government govern state finance for public service” therefore the government
(as in executive) is the one who knows best how to implement state budget as the
executive is the one who has the duty to implement such bill.
4. How is the scope of state finance?
Article 2 of State Finance Law (UU 17 2009)

It’s very, very broad

5. How does the cycle of state budget

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 Budget
management in
the DPR

Budgeting by the Budget execution

Government by the government

Approval of
Supervision over
budget
budget execution
calculations by law

- Differences between BPK and BPKP; BPK is independent, BPKP is internal

CASE STUDY

1. PSSI Case
 Violates:
1. Public interest – the decree does not allow the public interest to get decent
entertainment (lmao)
2. Proportionality - time limit
3. Professionalism – gov shall be professional in giving sanction
4. Acting carefully – government should cause no harm to the people
5. Not mixing the authority – they mix the authority of the police?
6. Justice and fairness – they defendant has put aside the justice Commented [AB28]: But I think all of those
 Respondent: are wrong tho

KEMENPORA

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  Plaintiff’s request:
 Obliged and instruct the defendant to postpone the decree
 Declare the decree of the decision of minister of youth and sports
 Decision of PTUN:
Winner – PSSI. Reject the defendant’

2. Reclamation case
 Violates:
1. Principle of transparency – because the decision was made without the
consent of the people
2. Principle of proportionality – it doesn’t fulfil the constitutional rights for
the fisherman to be employed, liveliheood, and right to live. The
government shall provide compensation, but they didn’t
3. Principle of professionalism – the decision itself fails to fulfill several UU
and therein fail to use discretion as sovereign government
4. Principle of accountability – fails to disclose any information
 Respondent:
1. Gov of DKI Jkarta
2. PT Muara Samudra
 Decision of PTUN:

Court granted plaintiff’s request to delay

Plaintiff 1-5 lawsuit is not expired, but 6 and 7 are expired already – they
sympathize the fishermen

PTUN decision is seen to be more in favor of the public interest principle rather
than the legality principle

 Decision of PT TUN:

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 Contradicts with PTUN’s decision. The plaintiff lawsuit is rejected

 Interlocutor of Supreme Court:

- Instruct PT TUN to conduct examinations
- Requested the original Letter of Deprivation of Power of Attorney
- Ordering PT TUN to send minutes of the case of examination along with case
file
- Defer the cost of the case to the final decision of principal case
 Conclusion:

When a decision is issued, the time period has to be applied – 90 days in

maximum.

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