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

Abstract

The State Administrative Court (PTUN), which has the jurisdiction to study, decide, and settle issues in the area of State Administration, is one of the executors of judicial power for those seeking justice for state administrative conflicts. If a state administrative disagreement arises, a State Administrative Decision (KTUN), which is specific, unique, and final in character and has legal ramifications for the person or civil legal organization, will be issued by a state administrative agency or authority. The receiver who feels wronged may file a lawsuit with the Administrative Court within the grace period of 90 (ninety) days as specified in Article 55 of the Law if the KTUN is believed by the recipient to be against the laws and regulations as well as the principles of good governance (UU PTUN). The 90 (ninety) day deadline for filing a lawsuit with the Administrative Court, however, sparked controversy among the general population. This is demonstrated by the fact that the constitutionality of the requirements set forth in Article 55 of the Administrative Court Law governing the deadline for bringing a lawsuit with the Administrative Court has been challenged four times (four) before the Constitutional Court. It would harm human rights rather than serve its intended purpose of ensuring legal certainty and preserving political stability. Through this straightforward essay, the author hopes to clarify and advance comprehension of the State Administrative Court's lawsuit filing deadline, normative legal research techniques, library law research, and data collection techniques.