DINAMIKA PENGATURAN PERBUATAN MELAWAN HUKUM OLEH PEMERINTAH (ONRECTHMATIGE OVERHEIDSDAAD) DARI UNDANG-UNDANG SAMPAI DENGAN PERATURAN MAHKAMAH AGUNG

Abstract

After the promulgation of the Government Administration Law and Supreme Court Regulations which expand the absolute competence of the Administrative Court to examine disputes over Government actions and the Authority to adjudicate unlawful acts by Government Agencies and/or Government Officials (Onrechtmatigeoverheidsdaad) provide space for Individuals or Civil Legal Entities who feel that their interests have been harmed to file a lawsuit with the Administrative Court. In practice, it invites multiple interpretations of the object in question (objectum litis). In particular, regarding the norms contained in Article 87 letter an of the Government Administration Law which is still related to the absolute competence of the Administrative Court to adjudicate written decisions which also include factual actions. Observing these problems, the author will analyze them using normative research methods. The conclusion in this study is that a written determination that includes factual action is interpreted as an act of government administration (administrative rechtshandeling), whether preceded by a written decision (active) or not (passive). Regarding compensation regulation, based on the principle of ubi ius ibi remedium, adjusted to the value of losses and related to administrative efforts (administratief beroep), factual actions/ administrative actions of the government that have not been implemented do not need administrative efforts, while if they have been implemented there is a need for administrative efforts.