PARTIES to the ADMINSTRATIVE

DISPUTE
Siti Rahma Novikasari, S.H., M.H.
 “Disputes over state administrative decisions are disputes
that arises within the scope of State Administration
ADMINIST between a person or a civil legal entity with a state
administration agency or official within capital or
RATIVE regional areas, as a result of the issuing of a state
DISPUTE administrative decision including employment disputes
based on applicable laws and regulations”
Article 1 (10) Law No 51/2009.
Parties to the Administrative Dispure
Plaintiff Defendant

VS
state
a person or a
administration
civil legal
agency or
entity
official
 Defendants
Article 1 (12) Law No 51/2009.

• The defendant is a state administrative body

or official who issues a decision based on
the authority they have or has been
delegated to them that is being sued by a
person or civil legal entity.
 Administrative body or official
Article 1 (8) Law No 51/2009.
• Administrative body or official who carries out
government affairs based on the applicable
laws and regulations.

• government affairs means executive activities.

So, The Defendant is
Executive Organ
Expansion of the meaning of state
administrative bodies or officials

Administrative
Court Law No 30/2014
Jurisprudence Government
Administration
 Expanded Meaning of state administrative bodies or
officials based on Administrative Court Jurisprudence
• Criteria for determining the defendant: by the measure of the
"function" performed.
• So anyone who issues a decision because carrying out a government
function, then that decision is qualified as a state administrative
decision and becomes the object of administrative dispute
• Several Administrative Court decisions with the defendants are private
legal entities (privaatrecht person).
• Example: Yayasan Badan Wakaf UII as defendat in Yogyakarta
Administrative Court, PT PN (BUMN), PT Barata, etc.
 Expanded Meaning of state administrative bodies or
officials based on Law No 30/2014 Government
Administration
• Article 87 b Law No 30/2014
• The qualifications of the defendants are not only executive
organs, but also legislative and judicial organs and other
state organs.
• Example: Lawsuit against the Attorney General for
statements about the Semanggi incident at the meeting
with house of representatif
THANK YOU
WASSALAM