{"id":1801,"date":"2017-10-24T02:32:28","date_gmt":"2017-10-23T19:32:28","guid":{"rendered":"https:\/\/law.ugm.ac.id\/?p=1801"},"modified":"2017-10-24T02:32:28","modified_gmt":"2017-10-23T19:32:28","slug":"uu-administrasi-pemerintahan-perlu-ditinjau-kembali","status":"publish","type":"post","link":"https:\/\/law.ugm.ac.id\/en\/uu-administrasi-pemerintahan-perlu-ditinjau-kembali\/","title":{"rendered":"Government Administration Law Still Raises Several Questions at National Seminar"},"content":{"rendered":"

\"Seminar<\/a><\/p>\n

Three years after its enactment, the Government Administration Law (UU AP) continues to receive mixed responses. While some have welcomed the law, others argue that it remains unclear and raises a number of unanswered questions.<\/p>\n

This was the main conclusion of the Administrative Law Update 2017 held on Monday, 23 October 2017, at the Hyatt Hotel in Yogyakarta, under the theme \u201cGovernment Administration Law (UU AP): Positive Appreciation, Negative Implications, and Opportunities to Address Them.\u201d<\/p>\n

The event was initiated by the Department of State Administrative Law, FH UGM, the Ministry of Law and Human Rights, and the Yogyakarta Province Association of Constitutional and Administrative Law Lecturers (AP HTN-HAN). The discussion highlighted several key points.<\/p>\n

Among those who viewed the UU AP positively was Prof. Dr. Mahfud MD. The Professor at the Faculty of Law, Universitas Islam Indonesia, argued that the law had introduced a more adequate paradigm for government administration. He pointed to several developments supporting his view: (i) the strengthened role of the Administrative Court; (ii) clearer rights to file objections and appeals against decisions deemed detrimental; and (iii) stronger recognition of the public\u2019s right to bring legal action.<\/p>\n

Meanwhile, legal scholar Prof. Dr. Philipus Hadjon criticized the law, arguing that its administrative law concepts were confusing. For example, although the law regulates the authority of the Administrative Court, the relevant provisions are instead included in the transitional provisions.<\/p>\n

The provision also states that one of the Administrative Court\u2019s authorities is to adjudicate written decisions, including factual actions. Hadjon considered this confusing because, conceptually, an action is considered factual precisely because it does not take a written form.<\/p>\n

Hadjon, Professor Emeritus at the Faculty of Law, Universitas Airlangga, also questioned the Administrative Court\u2019s authority to review decisions made by the executive, legislative, and judicial branches, as well as other state institutions. Conceptually, he argued, the Administrative Court was designed to supervise the executive branch, while other institutions have their own mechanisms of oversight.<\/p>\n

Hadjon also criticized the concept of abuse of authority regulated under the UU AP. According to him, the existing provisions do not reflect the proper legal concept. He noted indications that the drafters of the law had failed to distinguish between abuse of authority and acting without authority, as well as between exceeding authority and abusing authority.<\/p>\n

Further critical observations were raised by Dr. Zainal Arifin Mochtar. He argued that Article 19 of the UU AP could prolong administrative proceedings in corruption cases. Zainal considered the provision burdensome for the Administrative Court, given the new authorities assigned to it. At the same time, the Administrative Court has not consistently demonstrated effectiveness in enforcing its decisions.<\/p>\n

The FH UGM lecturer also suggested that some of the confusion surrounding the UU AP may have resulted from its drafting process, which was largely dominated by experts in public administration, with limited involvement from administrative law scholars. As a result, the legal concepts contained in the UU AP remain unclear.<\/p>\n

Prof. Dr. Enny Nurbaningsih, meanwhile, explained that Indonesia is experiencing \u201cregulatory obesity.\u201d The Head of the National Legal Development Agency and Professor at FH UGM stated that various problematic regulations were currently being reviewed for simplification, in line with President Joko Widodo\u2019s directive to improve the investment climate.<\/p>\n

Initially, Enny hoped that the UU AP could serve as one of the indicators for reviewing existing regulations. However, she later concluded that this would not yet be possible. Instead, the UU AP itself appeared to require further revision before it could be used as such an indicator.<\/p>\n

The Chair of the Administrative Law Update 2017 organizing committee, Richo Andi Wibowo, Ph.D., explained that the event was attended by more than 100 participants, primarily Constitutional and Administrative Law lecturers from across Indonesia. Judges from the Administrative Court also participated.<\/p>\n

The high level of interest led the committee to turn away numerous prospective participants from both Java and other regions. According to Richo, this enthusiasm may indicate that participants shared the concerns expressed by lecturers from the Department of Administrative Law, FH UGM: the UU AP still contains a number of issues that need to be addressed.<\/p>\n

The second session featured a workshop to formulate recommendations for improving the UU AP. The discussion was facilitated by Drs. Yanuar Ahmad, MBA, from the Ministry of Administrative and Bureaucratic Reform, and Tri Atmojo Sejati, S.H., M.Si., from the National Institute of Public Administration, with Dr. Mailinda Yuniza, a lecturer at the Department of Administrative Law, FH UGM, serving as moderator.<\/p>\n

 <\/p>\n

Narahubung:<\/strong><\/p>\n

Richo Andi Wibowo, Ph.D.<\/p>\n

Dosen Dept HAN FH UGM; Ketua Panitia Administrative Law Update 2017<\/p>\n

 <\/p>","protected":false},"excerpt":{"rendered":"

Setelah tepat tiga tahun beroperasi, UU Administrasi Pemerintahan (AP) masih mendapatkan sambutan yang beragam. Ada yang mengapresiasi, namun banyak pula hal yang menganggap UU ini kabur serta menyisakan aneka pertanyaan. Kesimpulan diatas adalah benang merah dari hasil pertemuan Administrative Law Update 2017: \u201cUU Administrasi Pemerintahan (UU AP), Apresiasi Positif, Implikasi Negatif Serta Peluang Untuk Menanggulanginya\u201d […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28],"tags":[],"class_list":["post-1801","post","type-post","status-publish","format-standard","hentry","category-berita"],"_links":{"self":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/1801","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/comments?post=1801"}],"version-history":[{"count":0,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/1801\/revisions"}],"wp:attachment":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media?parent=1801"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/categories?post=1801"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/tags?post=1801"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}