South East Asian Journal of Advanced Law and Governance
Vol 3 No 2 (2026): Ensuring Democratic Oversight through Judicial Means: An Analysis of the Administ

Redesigning Regulation to Provide Fairer Compensation for Unlawful Acts at the Administrative Court

M. Rizqi (Judicial Case Analyst, Administrative Court (Pengadilan Tata Usaha Negara) Pekanbaru, Indonesia.)



Article Info

Publish Date
27 Oct 2026

Abstract

This article examines the regulatory problems surrounding compensation in disputes over unlawful acts committed by the government (onrechtmatige overheidsdaad) before Indonesia's Administrative Court (PERATUN) and proposes a redesign of the applicable regulatory framework. Using a normative-descriptive analytical method combining a statutory, conceptual, and case approach, this study analyzes three PERATUN compensation decisions. The findings identify three fundamental problems: (1) a hierarchical conflict between Government Regulation No. 43 of 1991 and Supreme Court Circular Letter No. 2 of 2019, the latter unilaterally excluding the former despite the expanded meaning of administrative decisions under Article 87 of the Government Administration Law; (2) the absence of clear criteria for “actual loss,” illustrated by the Tuasai Farmers Group case (Decision No. 23/G/TF/2020/PTUN.PBR), in which the court granted IDR 774,960,000 in compensation without articulating a systematic legal basis; and (3) outdated compensation value limits under Government Regulation No. 43/1991, illustrated by the Hj. Sapia case (Decision No. 28/G/TF/2022/PTUN.JKT), in which the court applied a gold-price conversion method with an imprecise formula. This article recommends a comprehensive redesign through (1) reformulating the regulatory hierarchy by relocating substantive compensation provisions into the PERATUN Law, (2) formulating clear criteria and calculation mechanisms informed by comparative practice in England and Wales, and (3) removing or revising the outdated value limits through adaptive value-adjustment mechanisms.

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Journal Info

Abbrev

SEAJALGOV

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

South East Asian Journal of Advanced Law and Governance (SEAJ ALGov) is an academic journal that focuses on conceptual and research articles in both normative and empirical approaches with emphasis on interdisciplinary and multidisciplinary fields of law and governance in the Southeast Asia region. ...