The Reconstruction of Authority to Adjudicate Unlawful Acts by the Government(Onrechmatige Overheids Daad) Elfran Bima Muttaqin, Hamzah Halim, Aminuddin Ilmar, Kasman Abdullah
Faculty of law, Hasanuddin University
Abstract
The concern of this study was Begining with a review of Law Number 5 of 1986 concerning State Administrative Courts and it was amendments and the rules of supreme court Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Acts by Government Agencies and / or Officials. This study aimed at Reconstruction the competence of the State Administrative Court in handling the Onrechmatige Overheids Daad (OOD) case. The method used in this study was legal research normative. The results showed that the handling of cases of unlawful acts by the government (OOD) had not fully became the authority of the judge State Administrative Court (PTUN) because not included the existence of demands restitution for injured party by government errors. Beside that the meaning of unlawful acts only was interpreted by the court judge was handling it case. so that the case should became the absolute competence of the PTUN without even had been resolved first by the State Administrative Body or Official through administrative efforts.
Keywords: Reconstruction, Onrechmatige Overheids Daad, State Administrative Court