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Tuesday, June 1, 2021 | 20:39 WIB

Secretary-General M. Guntur Hamzah speaking at a focus group discussion by the Supreme Court’s Center for Research and Development of Law and Justice Education and Training, Monday (31/5/2021) from the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations—Secretary-General M. Guntur Hamzah spoke at a focus group discussion (FGD) organized by the Supreme Court’s Center for Research and Development of Law and Justice Education and Training, Monday, May 31, 2021. He delivered a presentation on “The Urgency of Reforming the Post-Reform Procedural Law of the Administrative Court.”

“There are at least three milestones of the procedural law of the administrative court post-Reform era: the Government Administration Law, several regulations passed after the Government Administration Law, and the Job Creation Law,” Guntur said virtually from the Constitutional Court.

In his presentation, he talked about the procedural law of the administrative court (PTUN) and the Government Administration Law, the convergence of the Government Administration Law and the Job Creation Law in relation to the procedural law of the administrative court, and strengthening the procedural law of the administrative court through the implementation of ICT.

Definition of Justice

Guntur quoted Lord Chief Justice Gordon Hewart, “Not only must Justice be done; it must also be seen to be done.” This means that justice not only concerns what judges do and decide, but also what is done before they decide on a case. The process to find justice stars from the filing of a suit to the passing of a ruling. The court is obligated to provide justice during that process.

“This means that justice is provided not only by the judge, but also the staff members and officials in that court,” he added.

Guntur also quoted Oliver Wendell Holmes, “The life of the law has not been logic: it has been experience.” The life of the law is not only reflected by the logic of the law in textbooks and articles of the law but, more importantly, in the experiences of justice seekers.

He also revealed that the results of a survey by the Council of Europe European Commission for the efficiency of justice (CEPEJ) 2020 recommended direct support for justices and staff members of the court, for the management of the court, and for the interaction between the court and other stakeholders.

Importance of Procedural Law

Guntur also stressed the importance of the procedural law. He observed the tendency to understand the law excessively, as if the law is superior. The procedural law, he explained, is a series of provisions regulating the trial to ensure a fair legal process in law enforcement.

Therefore, the procedural law of the administrative court is an instrument to achieve transparent, accountable, fair trial. Guntur also said that the it must be written, clear, firm, and able to support material law. He explained that it includes receipt of petition/suit, examination of case documents, case registration, preliminary examination, dismissal, examination of subject matter, decision, and archiving.

Guntur also explained the passing of Law No. 20 of 2014 on Government Administration. It was passed as a reference law, a law on general administration, and a material law.

Influence of Government Administration Law on Administrative Court Law

Some matters in the Government Administration Law must be noted in relation to the Administrative Court Law. The object of the administrative court has changed from only decision to also action. The administrative court is now also authorized to adjudicate abuse of authority.

Guntur also talked about government administration in Law No. 11 of 2020 on Job Creation and the convergence of the Government Administration Law in the Job Creation Law.

Then, Guntur talked about promoting, implementing, and improving technology in the judiciary, which includes changing mindset and work culture; the application of ICT based on the concept of I to Power of Five Judiciary (i5 judiciary); the implementation of e-court, virtual court, and mobile court; the use of digital signatures for all case documents and decisions, as well as electronic-based procedural law. He said that the implementation of ICT in the Court had helped cut cost and time; minimized corruption, collusion, and nepotism (KKN); and improve the quality of public services.

Writer        : Nano Tresna Arfana
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 6/2/2021 15:19 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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