Özet:

This research aims to analyse the basis of examination to the government’s factual and unlawful actions and the compensation determination due to both actions in the Indonesian administrative court system. It is normative legal research that studies the principles and norms with the sources of law as the main objects. Various approaches used in this research are the statute approach, conceptual approach, and case approach. The result shows that the regulations and good governance principles or governance legal norms are still used as the basis in assessing and examining the government’s factual and unlawful actions (onrechtmatige overheidsdaad) in the administrative court system. It also shows that the compensation determination remains laid on the Government Regulation Number 43 the Year 1991 concerning the Compensation and its Procedure in Administrative Court and the Treasury Minister Regulation Number 1129/KMK.01/1991 concerning the Procedural of Imposing Administrative Court Decision on Compensation Payment. 

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