State Administrative And Regulatory Litigation

Indonesian state administrative and regulatory proceedings have its own unique and complexity. Whether you are a business seeking to resolve a state administrative decree and regulatory issues, or an individual looking guidance in state administrative disputes, our team of seasoned lawyers is here to provide you with comprehensive legal support.

Understanding State Administrative Court Procedures in Indonesia

State Administrative proceedings in Indonesia are governed by a framework designed to resolve disputes involving administrative decree made by government authorities, such as the issuance of land ownership certificate, business licensing, etc. The core legislative body regulating these matters is Law No. 5 of 1986 on State Administrative Court (as amended by Law No. 9 of 2004 and Law No. 51 of 2009). This law establishes the structure and jurisdiction of Sate Administrative Court (Peradilan Tata Usaha Negara – PTUN), providing a clear mechanism for individuals and entities to challenge administrative decree.

• Initiating a Legal Challenge: Challenging Government Administrative Decisions and Filing a Lawsuit
  To start the process, an individual or entity must contest unfavorable decrees by government agencies, if it fails, then file a lawsuit against a specific government administrative decree. This is typically done within 90 days from the date the decision was issued or became known. The lawsuit must be submitted to the appropriate State Administrative Court (PTUN), which has jurisdiction over the matter based on the location of the government agency that issued the decree.
• Court Hearings Procedures: Examination and Adjudication
  Once the lawsuit is filed to PTUN, the court will proceed with a series of examinations and hearings. The stages include:
  • Preliminary Examination: The administrative court assesses whether the lawsuit meets the procedural requirements and whether it falls within the PTUN court’s jurisdiction.
  • Main Examination: This involves a thorough review of the facts, evidence, and arguments presented by both parties. The court may summon witnesses and experts to provide additional information.
  • State Administrative Court (PTUN) Decision: The PTUN court will issue a ruling based on the merits of the case. This can either annul the administrative decree, uphold it, or order the government agency to take specific actions.
• Appeal Process
  Parties dissatisfied with the PTUN court’s decision can file an appeal to the High Administrative Court (Pengadilan Tinggi Tata Usaha Negara). Further appeals (Cassation and Judicial Review) can be taken to the Indonesian Supreme Court.

Our State Administrative & Regulatory Litigation Services:

• Seeking Regulatory Relief
  We assist you in obtaining permits, licenses, and other approvals required by Indonesian government regulations.
• Challenging Government Administrative Decree
  We represent you in contesting unfavorable decree by government agencies, ensuring your rights are protected.
• Compliance Reviews & Audits
  We identify regulatory risks and advise you on achieving compliance with Indonesian relevant laws and regulations.
• State Administrative Court Litigation at PTUN
  We assist and represent you before the State Administrative Court (PTUN) to obtain the most favorable outcome.