Reconstruction of the Absolute Competence of Civil Courts in the Settlement of Unlawful Acts by the Government in Indonesia

Abstract

This study aims to analyze and reconstruct the concept of absolute competence of civil courts in resolving unlawful acts by the Government in Indonesia. The unclear boundaries of authority between civil courts and state administrative courts continue to create legal ambiguity, particularly when the Government engages in dual-purpose actions, namely as a public body and as a private legal subject. Through a normative legal approach combined with conceptual analysis and comparative studies, this study finds a normative vacuum, regulatory disharmony, and inconsistencies in judicial practice related to dispute resolution forums. The results of a comparative analysis with several jurisdictions indicate that a competency model based on the substance of government actions is more effective than the institution-based model currently in effect in Indonesia. Therefore, the reconstruction of absolute competence is necessary through harmonization of laws and regulations, affirmation of the status of unlawful acts by the Government that distinguishes between public and private actions, and the development of a more consistent authority scheme, including the possible implementation of a chamber system in the courts. This study concludes that the reconstruction of absolute competence of civil courts is a strategic step to increase legal certainty, reduce overlapping authority, and strengthen access to justice in resolving disputes concerning unlawful acts by the Government in Indonesia.