The Outline
What to Consider in Submitting the Lawsuit in Administrative Court?
The administrative dispute and the Administrative Court are the least popular things for the common people, even for the lawyer. This is happened because the kind of the dispute itself is very specific, not something that we can find easily on the street such as the criminal things that are handled by the General Court. That is why, when the common people including a new lawyer come to the Administrative Court for submitting the lawsuit, they often mistake the subjects and the object of the dispute, so the lawsuit tends to be not optimal or even false. That is why, at the beginning, there are two things that should be considered by the candidate of the party in administrative dispute before submitting the lawsuit. First, the subjects of the lawsuit. Based on Article 1.8, Article 1.10, and Article 1.12 of Law 5/1986 and the amendments and Article 1.3 and Article 1.15 of Law 30/2014, the subjects of administrative dispute are categorized into two types. The first is the people, which is a person or private legal entity that is related to the decision of the Government. The second is the Government, that do the function of governing either in the government environment or in the other state officials. Second, the object of the lawsuit. Based on Article 1.9 of Law 5/1986 and the amendments and Article 1.7 and Article 87 of Law 30/2014, the object of administrative dispute is the decision by the Government including the factual action, in the circle of executive, legislative, judiciary, and another state official. The decision should follow by some characteristics such as based on the regulation and general principles of good governance, final, potentially causing the legal consequences, and applies to the people. In conclusion, the candidate of the party at Administrative Court has to consider whether the subject and the object of the lawsuit is a proper subject and object in administrative dispute or not. This will help the candidate of the party to have a smooth trial process and increase the possibility of winning the case.
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