The Limits of the Administrative Court’s Absolute Jurisdiction Over Election Disputes and Factual Actions Following the enactment of the Government Administration Act

Irmanjaya Thaher (Universitas Esa Unggul)
Freddy Harris (Universitas Esa Unggul)

Hakamain: Journal of Sharia and Law Studies
Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies

This article examines the absolute jurisdiction of the Administrative Court (PTUN) in adjudicating administrative disputes, focusing on two main dimensions: jurisdiction over Administrative Decisions (KTUN) and jurisdiction over factual acts of government agencies and/or officials (PMH/TF). The study is based on Law No. 5 of 1986 as amended by Law No. 51 of 2009 on Administrative Courts, and is further elaborated through an analysis of two specific cases from 2024: the Jakarta Administrative Court’s dismissal of the PDI Perjuangan’s lawsuit regarding the appointment of Gibran Rakabuming Raka as Vice President, and the PMH case No. 11/G/TF/2024/PTUN.JKT. These two cases provide concrete examples of how the Administrative Court defines and applies the boundaries of its absolute jurisdiction amid the complexity of contemporary public law disputes. This article also analyzes the legal implications of the expansion of the scope of disputes before the Administrative Court following the enactment of Law No. 30 of 2014 on Government Administration.