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Expert presented by the Government, administrative law expert Murtir Jeddawi, delivering his expertise in the judicial review hearing of Administrative Law , Wednesday (6/12) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Administrative law expert Murtir Jeddawi said that Law No. 30/2014 on Government Administration was set to regulate the use of Government authority. In addition, the regulation may protect the public from excessive use of authority by the Government, so a wide range of requirements are required.

"Similarly, in terms of requirements, decisions of government agencies and/or officials serve to ensure the certainty of public services. As regulated by Article 53 consisting of 6 paragraphs on officials, government agencies or officials in an effort to improve the quality of government officials, prevent abuse of authority, ensure accountability of government agencies and/or officials, and provide protection to the community," said Murtir as Expert of the Government in the follow-up hearing of the judicial review of the Administrative Law on Wednesday (6/12) afternoon.

Murtir explained that in Article 53 of the Administrative Law, paragraphs (1) to (6) forms an inseparable unit. It mentions obligations of government agencies and/or officials to make decisions as well as the deadline for making those decisions, including the obligation of the Petitioner to complete administrative requirements.  

"Documents to fulfill administrative requirements can be declared complete should they meet the formal and material requirements of the object to be submitted in a transparent manner. Currently, the terms of service of service accountability and petition requirements are generally openly accessible by all parties including Petitioners through electronic media and the like," Murtir said before the chairman of the hearing, Deputy Chief Justice of the Constitutional Court (MK) Anwar Usman.

Murtir said that if the administrative requirements are fully met, the government agencies and/or officials may continue to perform the next stages in accordance with the existing legislation or the principles of good governance with complete administrative requirements and category code, meaning that it can be accounted for in accordance with Article 53 paragraph (2) of the Administrative Law  that reads, "If the provisions of regulations do not specify the time limit for obligations as referred to in paragraph (1), then government agencies and/or officials shall establish and/or make a decision and/or take an action no later than 10 working days after the petition is declared complete by the government agency and/or official."

The complete administration in public administration practice is the fulfillment of all requirements without any problem. In other words, the documents are declared complete when the documents that meet the requirements no longer have any connection with other parties, are not legally problematic and/or are not in dispute.

"If there is a requirement to obtain services from government agencies and/or officials on the status of land ownership, for example, then the proof of land rights must be attached without any problem. It applies to other administrative requirements," Murtir said.

In the process of examination and/or formal and material validation, Murtir continued, if any mismatch or unclear requirements, the agency or government official will not declare the documents complete and will not accept the petition, or will return it to be completed by the petitioner. Consequently, the service process and/or permit applications for example, certainly cannot be continued.

The Case No. 77/PUU-XV/2017 was filed by Richard Christoforus Massa, President Director of PT Nusantara Ragawisata since 2003. The Petitioner requested a review against Article 53 paragraph (5) of Law No. 30/2014 which reads, "The court shall decide upon the petition as referred to in paragraph (4) no later than 21 (twenty one) working days after the petition is filed."

The Petitioner’s attorney, Muhammad Asrun, explained that the Petitioner has faced a lawsuit related to the assets of PT Nusantara Ragawisata, especially the SHGB (right-to-build certificate) of land asset No. No. 74/Ungasan and SHGB No. 72/Ungasan won by PT Nusantara Ragawisata with court decisions deciding SHGB of land No. 74/Ungasan and SHGB No. 72/Ungasan belonging to PT Nusantara Ragawisata.

If the Denpasar PTUN that examined the positive fictitious appeal would give the Petitioner a chance to be heard as Intervening Defendant II, Richard Christoforus as President Director of PT Nusantara Ragawisata will provide an explanation regarding the legal standing of the two lands. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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