Court Procedures for Cases Involving Abuses of Power by Officials

The Supreme Court recently issued Regulation No. 4 of 2015 on Procedural Guidelines for Assessing the Elements of Abuse of Power (“2015 Regulation”).

The 2015 Regulation sets out the procedures to be followed during hearings of State Administrative Court (PTUN) cases, specifically where the petitioner (pemohon) and the respondent (termohon) are state officials or belong to a state apparatus’ internal oversight body.

The disputed 2015 Regulation states mandates for legal certainty regarding the status of ongoing investigations by a state apparatus’ internal oversight body into state officials whose decision making is suspected of containing elements of abuse of power.