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All Journal University Of Bengkulu Law Journal Jurnal Hukum dan Peradilan Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata
Pasaribu, David
Unknown Affiliation
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Cumulation of Lawsuits Between Administrative Decisions and Factual Actions in Administrative Court Decisions Pasaribu, David; Silalahi, Irene Cristna; Purba, Selviana
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.459-494

Abstract

The concept of Administrative Decisions (KTUN) has evolved considerably since the promulgation of the Government Administration Law (AP Law), especially with the broadening of disputed objects to cover governmental actions. This change was further reinforced by Regulation of Supreme Court Number. 2 of 2019, transferring jurisdiction over tort claims against government officials from the GeneralCourts to the Administrative Courts (PTUN). However, its implementation remains challenging, especially regarding the cumulative filing of KTUN and tort lawsuits, remaining unregulated explicitly, as referred to in Supreme Court Decision No. 343 K/TUN/TF/2024 and number 594 K/TUN/TF/2024. The core issues include the ratio legis behind the expanded interpretation of KTUN under AP Law, judicial reasoning in accepting the accumulation of disputed objects and formulating an ideal concept for combining KTUN and factual actions in one claim. This research adopts a normative (doctrinal) method with a casuistic-conceptual approach. The findings indicate that the expansion of KTUN under AP Law aims to enhance legal protection for citizens against administrative actions, promote good governance, ensure governmental accountability, and broaden the supervisory role of PTUN. Supreme Court Decisions Number 343 K/TUN/TF/2024 and Number 594 K/TUN/TF/2024 affirm that cumulative claims involving KTUN and factual actions are permissible when both share a strong legal correlation as part of a single administrative series. The ideal concept of cumulative lawsuits includes close legal relevance, consistency among the object, legal grounds, and claims, support for a swift, simple, and low-cost judicial process, promotion of legal utility, prevention of conflicting rulings, and avoidance of prohibited claim mixing.
Anotasi terhadap Kamuflase Keputusan Fiktif Positif dalam Sengketa Tindakan Faktual di Pengadilan Tata Usaha Negara Pasaribu, David; Irene Cristna Silalahi
University Of Bengkulu Law Journal Vol. 11 No. 01 (2026): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v11i01.48679

Abstract

The idea of realizing a good and clean regime is currently a mirage. The fictitious positive concept that is expected to provide responsive public services is often not fulfilled by the government. In reality, this problem is perennial and has become a further problem in judicial institutions. Today, the understanding of positive fictitious is believed to be a form of transformation of the object of the case, namely factual actions. The crucial problems are the fundamental differences between factual actions in the form of passive actions and positive fictitious actions in the perspective of administrative law, their respective conceptions, and the reasoning of judges in deciding positive fictitious actions that are camouflaged in factual action cases. The study employs a doctrinal research method utilizing a casuistic-conceptual approach. The results show a wrong interpretation in the form of positive fictitious camouflage in factual action disputes at Peratun. The existence of Peratun serves to clarify the distinction between factual actions and positive fictitious decisions. Factual actions relate to real action (commission) and passive action (omission), while positive fictitious decisions lead to administrative decisions (KTUN). The differences include the basis for filing, process, and completion period. The author also analyzes the ruling on the inclusion of positive fictitious applications in factual action disputes, where the judge plays a role in restoring the true nature of factual actions through the decision.
Factual Action As Administrative Disputes (Prohibition Of Misleading Lawsuit Between The Administrative Decision And The Factual Action) Pasaribu, David
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 5 No 1 (2026): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v5i1.6814

Abstract

This article attempts to comprehend the ideal concept of factual action and analyzes factual action as an object of dispute in the Administrative Court ("Peratun") in relation to the prohibition of misleading the administrative decision ("KTUN") and the factual action. The research method uses normative research with conceptual, statutory, and case approaches. The results show the complexity of factual action related to examine the factual action and also the double checking system of administrative tort. First, by classifying an object as the factual action or KTUN, and second, by examining factual actions as the administrative tort by government agencies/officials which are clashing/not clashing to the statutory regulations nor general principles of good governance. Furthermore, the misleading lawsuit can occur when the lawsuit disrupes/reverses the definition of each object, both KTUN and factual actions. The cumulation of objects among KTUN with factual actions is possible as long as there are interrelated legal character (innerlijke samenhang) of objects, prioritize the speedy trial, simple, and low cost principle, and the principle of utility (bring justice closer to the people).
Co-Authors IRENE CRISTNA SILALAHI Purba, Selviana SILALAHI, IRENE CRISTNA