Legal Position and Rights to Sue Community Citizens in Onrechtmatige Overheidsdaad Disputes, Post the Entrance of Law No 30 of 2014 Concerning Government Administration

Abstract

Law no. 30 of 2014 concerning Government Administration explicitly states that it is possible for Government Officials to be tested by the PTUN. This is of course within the framework of creating good government. This research is normative juridical legal research. The research will analyze the legal position and right to sue community members regarding the Onrechtmatige Overheidsdaad dispute. The research results concluded two things; First, community members have sufficient requirements to file a lawsuit because their legal standing and right to sue are regulated in the Decree of the Chief Justice of the Supreme Court No. 36/KMA/SK/II/2013, Law No. 5 of 1986 concerning Administrative Justice, and others. Second, Law No. 30 of 2014 concerning Government Administration also explicitly states that the government is prohibited from abusing its authority and the PTUN has the authority to decide whether there are elements of abuse of authority. This means that Law No. 30 of 2014 provides space for members of the public to file lawsuits in disputes regarding abuse of authority by the government.