Analysis of Factual Action Regulations and Administrative Law mplications in Lawsuits for Unlawful Acts by the Government after Law Number 30 of 2014

This study stems from the issue of administrative officials' authority in government administration, particularly regarding government actions that can be categorized as unlawful acts (onrechtmatige overheidsdaad). Following the enactment of Law No. 30 of 2014 on Government Administration and Supreme Court Regulation No. 2 of 2019, there have been significant changes regarding the subject matter of disputes, absolute jurisdiction, and case resolution procedures in the State Administrative Court. However, in practice, there are still gaps between legal norms and implementation, particularly regarding the overlap of authority between the general courts and the PTUN, judges' interpretation of the principles of good governance, and the effectiveness of the execution of decisions. This study uses a normative method with a qualitative approach through a literature review. The results of the study show that although the legal framework has provided a clearer foundation, judicial practice still faces various obstacles that limit legal protection for the community. Therefore, continuous evaluation of the consistency of judges' decisions and procedural law reforms are needed so that the main objective of administrative law, namely to protect the rights of citizens from abuse of authority, can be achieved.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-10-01
DOI
https://doi.org/10.5281/zenodo.17240330
Primary Topic
Particle physics theoretical and experimental studies
Type
article
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0.00
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article

Analysis of Factual Action Regulations and Administrative Law mplications in Lawsuits for Unlawful Acts by the Government after Law Number 30 of 2014

Zenodo (CERN European Organization for Nuclear Research)
Particle physics theoretical and experimental studies
article

Analysis of Factual Action Regulations and Administrative Law mplications in Lawsuits for Unlawful Acts by the Government after Law Number 30 of 2014

article en

Abstract

This study stems from the issue of administrative officials' authority in government administration, particularly regarding government actions that can be categorized as unlawful acts (onrechtmatige overheidsdaad). Following the enactment of Law No. 30 of 2014 on Government Administration and Supreme Court Regulation No. 2 of 2019, there have been significant changes regarding the subject matter of disputes, absolute jurisdiction, and case resolution procedures in the State Administrative Court. However, in practice, there are still gaps between legal norms and implementation, particularly regarding the overlap of authority between the general courts and the PTUN, judges' interpretation of the principles of good governance, and the effectiveness of the execution of decisions. This study uses a normative method with a qualitative approach through a literature review. The results of the study show that although the legal framework has provided a clearer foundation, judicial practice still faces various obstacles that limit legal protection for the community. Therefore, continuous evaluation of the consistency of judges' decisions and procedural law reforms are needed so that the main objective of administrative law, namely to protect the rights of citizens from abuse of authority, can be achieved.

Zenodo (CERN European Organization for Nuclear Research)
Diponegoro University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 30%
Particle physics theoretical and experimental studies
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