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September 10, 2025Open Access

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

DADinoroy Marganda AritonangBandung Institute of Technology ETEndang Wirjatmi TrilestariNational Institute of Technology HGHendrikus Triwibawanto GedeonaBandung Institute of Technology

Key Points

The study finds contradictions between the broad notions of the Government Administration Act and the restrictive provisions of the State Administrative Courts Act.
Key evidence from court rulings indicate that ignoring the State Administrative Courts Act may lead to misinterpretations of the Government Administration Act.
Using contextual and systematic interpretation, the analysis focuses on jurisprudence to highlight dualism in administrative decision-making.
The findings call for comprehensive legislative harmonization to address the conflicts and dualism observed in current administrative laws.

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.

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