The Influences of Post-Enactment of Government Administration Act on the Conception of Administrative Decisions in Indonesia

This article examines how Indonesia’s State Administrative Courts Act (SAC) and Government Administration Act (GAA) shape the concept of administrative decisions. While the GAA introduces broad notions, the SAC has a more restrictive approach. Although the two laws are based on different philosophies, they should be synchronized. Ignoring the SAC can lead to errors in interpreting the intrinsic meaning of GAA rulings. Using a contextual and systematic interpretation, this study analyzes several court rulings and jurisprudence to explore dualism and contradictions in the concept of administrative decisions. It highlights how judicial interpretation can clarify the provisions of the acts or their inherent meaning, influencing administrative decision-making, the scope of administrative power, and judicial boundaries. To address conflict and dualism, the study suggests applying the law incrementally in specific cases and calls for comprehensive legislative harmonization.

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Publication Details

Journal
SAGE Open
Published
2025-01-01
DOI
https://doi.org/10.1177/21582440251356782
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

The Influences of Post-Enactment of Government Administration Act on the Conception of Administrative Decisions in Indonesia

Endang Wirjatmi Trilestari, Dinoroy Marganda Aritonang, Hendrikus Triwibawanto Gedeona
SAGE Open
Legal and Policy Analysis in Indonesia
article

The Influences of Post-Enactment of Government Administration Act on the Conception of Administrative Decisions in Indonesia

Endang Wirjatmi Trilestari, Dinoroy Marganda Aritonang, Hendrikus Triwibawanto Gedeona
article en

Abstract

This article examines how Indonesia’s State Administrative Courts Act (SAC) and Government Administration Act (GAA) shape the concept of administrative decisions. While the GAA introduces broad notions, the SAC has a more restrictive approach. Although the two laws are based on different philosophies, they should be synchronized. Ignoring the SAC can lead to errors in interpreting the intrinsic meaning of GAA rulings. Using a contextual and systematic interpretation, this study analyzes several court rulings and jurisprudence to explore dualism and contradictions in the concept of administrative decisions. It highlights how judicial interpretation can clarify the provisions of the acts or their inherent meaning, influencing administrative decision-making, the scope of administrative power, and judicial boundaries. To address conflict and dualism, the study suggests applying the law incrementally in specific cases and calls for comprehensive legislative harmonization.

SAGE OpenVol. 15(3)
Institut Teknologi Nasional Bandung (ID)
Openalex Percentile: Top 69%
Legal and Policy Analysis in Indonesia
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