INSIGHT
Newsletter - The Legal Implications of the Circular Letter of the Supreme Court No. 2 of 2024: Restrictions on Judicial Review Application
On 20 March 2024, the Constitutional Court of the Republic of Indonesia (“Constitutional Court”) issued Decision No. 24/PUU-XXII/2024 (“Decision No. 24/2024”), which has significantly altered the landscape of state administrative court procedural law in Indonesia. The court's ruling addresses the contentious issue of when and by whom a judicial review/peninjauan kembali can be requested. The decision, which centred on Article 132 paragraph (1) of Law Number 5 of 1986 on State Administrative Court (“Administrative Court Law”), seeks to strike a balance between ensuring legal certainty and providing access to justice.
The Constitutional Court's Decision No. 24/2024: A Conditional Restriction
At the heart of the matter was a challenge to Article 132 paragraph (1) of Administrative Court Law, which broadly allows for judicial review requests to the Supreme Court of the Republic of Indonesia (“Supreme Court”) in cases with permanent legal force. The challenge argued that allowing state administrative bodies or officials/badan atau pejabat tata usaha negara the same right to seek judicial review as private citizens or entities undermined legal certainty.
In its ruling, the Constitutional Court acknowledged the importance of legal certainty and fairness in the judicial process. To address this, the Constitutional Court ruled that Article 132 paragraph (1) of Administrative Court Law was conditionally unconstitutional as it revised the article to explicitly state that while judicial review is generally available, it is "except by State Administrative Bodies or Officials”. The revised article now conveys: "Against a Court decision that has obtained permanent legal force, a request for judicial review can be filed with the Supreme Court, except by State Administrative Bodies or Officials".
Supreme Court Circular No. 2/2024: Restricting Judicial Review by State Administrative Bodies to Strengthen Legal Certainty and Good Governance in Indonesia
Impact and Implications
Following the issuance of Decision No. 24/2024, the Supreme Court released the Circular Letter No. 2 of 2024 on the Formulation of the State Administrative Chamber (“Supreme Court Circular Letter No. 2/2024”), which sets forth strict guidelines as follow (quote):
“Judicial Review by State Administrative Bodies or Officials of State administrative bodies or officials cannot file a judicial review as stated in the Constitutional Court Decision Number 24/PUU-XXII/2024, except in cases of:
- the discovery of new evidence (novum);
- the existence of 2 (two) or more decisions with permanent legal force that contradict each other; or
- defending the interests of the civil rights of state administrative bodies or state administrative officials (state or regional assets).”
Thus, the strict guidelines under Supreme Court Circular Letter No. 2/2024 further enhance the Supreme Court's commitment to uphold the impact of the Constitutional Court Decision No. 24/2024:
- Promote Legal Certainty: By limiting the ability of state administrative bodies or officials to seek judicial review, the guidelines aim to ensure that court decisions are implemented in a timely manner, providing greater legal certainty for citizens and private legal entities.
- Focus on Good Governance: Reinforces the principle that state administrative bodies or officials must act in accordance with the law and principles of good governance.
- Protection of Public Interest: Reasoned that ensuring the proper functioning of administrative courts and the timely resolution of disputes ultimately benefits society.
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NOTE
This article provides general information and does not constitute legal advice. Readers should seek specific legal counsel for their circumstances.
