Intra Vires of State Administrative Court in Adjudicating Factual Action Dispute (Onrechtmatige Overheidsdaad)

Abstract

This research aims to analyze the legal authority of the State Administrative Court in adjudicating disputes involving factual actions (onrechtmatige overheidsdaad) and the application of intra vires principles. A qualitative-empirical methodology is used, with data systematically gathered from interviews. The research takes a comparative approach, examining laws and court decisions to identify similarities and differences, thereby assessing the legality of the court's authority in these disputes. In adjudicating factual actions, it is essential that government actions comply with applicable laws and do not infringe on citizens' rights. The State Administrative Court is empowered to test the validity of government actions and resolve disputes arising from them. Article 1, point (9) of Law Number 51 of 2009, which amends Law Number 5 of 1986 concerning State Administrative Courts, significantly expands the court's authority. This expansion allows the court to review not only state administrative decisions but also government actions and unlawful acts by officials (onrechtmatige overheidsdaad), which can harm other parties.