Indonesian State Law Review (ISLRev)
Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023

Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights?

Zaharuddin Sani Ahmad Sabri (Unknown)
Muhammad Zaidan Syafiqy Akhmad (Unknown)



Article Info

Publish Date
07 Apr 2025

Abstract

The State Administrative Court (PTUN) plays an important role in adjudicating state administrative conflicts, issuing final and impactful State Administrative Decisions (KTUN). Recipients aggrieved by these decisions have a 90-day window, as mandated by Article 55 of the Administrative Court Law (UU PTUN), to file a lawsuit if they believe the KTUN violates established laws, regulations, or principles of good governance. Despite its apparent procedural clarity, the 90-day timeframe has become a subject of public controversy, prompting four challenges to its constitutionality before the Constitutional Court. Critics argue that this stringent deadline, rather than achieving its intended goals of legal certainty and political stability, poses a potential threat to human rights. This study employs normative legal research techniques, library law research, and meticulous data collection to dissect the complexities surrounding the State Administrative Court's lawsuit filing deadline. The findings underscore the contentious nature of the 90-day limit, emphasizing its potential adverse effects on human rights and its perceived departure from its intended purposes. By elucidating these dimensions, the study aims to foster a deeper understanding of the controversy and its implications.

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Journal Info

Abbrev

islrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by ...