THE ABOLUTE COMPETENCE OF THE COURT IN RESOLVING LAWSUITS FOR UNLAWFUL ACTS BY THE GOVERNMENT (ONRECHTMATIGE OVERHEIDSDAAD)

Abstract

The complexity of government actions has led to disputes regarding the absolute competence of courts in resolving unlawful government actions (onrechtmatige overheidsdaad). The issuance of Law No. 30 of 2014 on Government Administration and Supreme Court Regulation No. 2 of 2019 has normatively shifted the authority from general courts to administrative courts. However, in practice, dualism of competence still occurs, as reflected in the Padang Panjang District Court Decision No. 1/Pdt.G/2026/PN.Pdp which was overturned by the Padang High Court Decision No. 105/PDT/2026/PT PDG. This study aims to analyze the absolute competence of courts in resolving onrechtmatige overheidsdaad disputes and the legal implications after the enactment of the Government Administration Law. This research employs a normative legal method with statutory, case, and conceptual approaches. The results show that normatively, absolute competence has shifted to the administrative court, but in practice, dualism of interpretation still occurs between general courts and administrative courts.