AMENDMENT REGARDING THE TIME LIMIT FOR ESTABLISHING DECISIONS IN THE GOVERNMENT ADMINISTRATION LAW

TIME LIMIT FOR OFFICIALS TO ESTABLISH TUN DECISIONS ACCORDING TO THE GOVERNMENT

ADMINISTRATIVE LAW, AFTER THE APPLICATION OF PERPU NO. 2 OF 2022 CONCERNING JOB CREATION

By : Tripeni Irianto Putro

Government Administration is the procedure for making Decisions and/or Actions by Government Agencies and/or Officials. Decision-making and/or action is the authority of government agencies or officials in the framework of administering government. Appropriate and time-consuming decision-making by Government Agencies and/or Officials as elements that carry out government functions is very important in order to optimize the development of government administration. As for the function of government itself, it includes regulatory, service, development, empowerment and protection functions, which in practice require governance in the form of decision-making or action. In making decisions or taking these actions, of course there are procedures that must be followed by Government Agencies or Officials so that the decisions or actions taken are lawful, in the sense that they comply with laws and regulations and do not violate the general principles of good governance.

According to Supandi, a decision is said to be valid according to law (rechtsmatige) if the decision meets certain requirements determined by law. With the fulfillment of the requirements determined by law, the decision has legal force (rechtskrach) to be implemented. Conversely, if a decision does not meet the requirements, then according to law, the decision or decision becomes invalid which results in the law becoming null and void (nietig).

Law no. 30 of 2014 concerning Government Administration, in article 52 states that the legal requirements for decisions include:

a. Determined by an authorized official;

b. Made according to the procedure, and;

c. Substance in accordance with the object of the decision.

The term Government Administration Decree itself, in the State Administrative Court Law is called KTUN or State Administrative Decree, which is a written determination issued by a State Administrative Agency or Official which contains state administrative legal actions based on statutory regulations. applicable authority, which is concrete, individual and final, which gives rise to legal consequences for a person or civil law entity. Meanwhile, in the Law on Government Administration, the meaning of state administrative decisions is further expanded, not only as a written stipulation, but also includes or includes factual actions carried out by state administrative bodies or officials. So that according to the Government Administration Law, the meaning of KTUN becomes: A written determination which also includes factual actions carried out by State Administrative Agencies or Officials within the executive, legislative, judiciary and other State Administrators, based on statutory provisions and AUPB, which are final in a broad sense and have the potential to cause legal consequences for members of the public.

Furthermore, the Law on Government Administration which is the material law of the State Administrative Court, also regulates the time limit that must be obeyed by Government Agencies or Officials in terms of making Government Decisions or KTUN. If all the conditions specified in an application have been completed by the Applicant, it becomes the obligation of the Government Agency or Official to process and issue or issue a Decision. The obedience of Government Agencies or Officials in every procedure of government administration, including in complying with the deadline for enacting this Government Decree will also have an impact on the creation of legal certainty, both for citizens and for the Government Agency or Officials themselves.

According to the provisions of article 53 of the Law on Government Administration (UUAP), the deadline for the obligation to determine and/or carry out decisions and/or actions is carried out in accordance with the provisions of the laws and regulations. If the provisions of laws and regulations do not specify a time limit for obligations as referred to in paragraph (1), then the Agency and/or Government Official is obliged to determine and/or carry out a decision and/or action within 10 (ten) working days after the application is received. in full by a Government Agency or Official.

Furthermore, in paragraph (3), if within the time limit referred to in paragraph (2) the Government Agency/Official does not stipulate and/or carry out a decision/action, then the application is considered legally granted.

However, with the issuance of Perpu number 2 of 2022 concerning Job Creation which was recently passed by the Indonesian Parliament, the above provisions have changed. The provisions of article 53 of the Government Administration Law have changed, that the time limit for the obligation to stipulate decisions and/or actions which were originally 10 (ten) working days, has been changed to no longer than 5 (five) working days after the application is received completely by the agency or official. Government.

In addition to changing the deadline for the obligation to issue a decision, with the passing of the Job Creation Regulation, several provisions have been added and some provisions have been deleted in the contents of Article 53 of the Government Administration Law. The provisions added are contained in the new paragraph (3), which reads “in the event that an application is processed through an electronic system and all the requirements in the electronic system have been met, the electronic system determines the decision/action as a decision or action by an authorized body/official”.

In addition, there are provisions in the old rules of Article 53 of the Government Administration Law that have been omitted or deleted, namely those contained in paragraphs 4, 5 and 6. In paragraph (4) the old provisions state that the Petitioner submitted to the Court to obtain ” decision on acceptance of the application” as referred to in paragraph (3), then furthermore, in paragraph (5) the Court must decide on the application as referred to in paragraph (4) no later than 21 (twenty one) working days after the application was filed, and then in paragraph (6), that government agencies and/or officials are required to issue a decision to implement the Court Decision as referred to in paragraph (5) no later than 5 (five) working days after the Court Decision is stipulated. All of these provisions have been removed with the existence of the Job Creation Perpu.

So, with the existence of Perpu No. 2 of 2022 concerning Job Creation, which is an omnibus law, the obligation for members of the public/applicants whose applications are granted by law, to ask for approval from the Court in order to obtain a “verdict accepting the application” has been abolished. The obligation to request further approval from the court mentioned above, makes the government administration system seem not fast and tends to be long-winded. Therefore, the meaning contained in this change, which is contained in the Perput on Job Creation, is that the legislators, both the Government and the People’s Representative Institutions, want the Government Administration system, especially in the management of decision-making and/or actions to be simpler, faster and more efficient, as can be seen from the new provisions which shorten the timeframe for Officials’ obligations in making decisions from the previous 10 (ten) working days, shortened to only 5 (five) working days and also abolished the provisions of paragraph 4, 5, and 6 of article 53 of the Law on Government Administration which obliges the Petitioner to request approval from the Court, if the application is granted by law. Of course, these changes should be appreciated, because all of them will lead to better service to citizens and increase the accountability of Government Agencies or Officials.