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Legal Standing is one of the efforts often made by justice seekers in law enforcement. In human life and social activities, there are interests and rights that are fought for and defended, one of which is legal rights with the aim of obtaining protection of the legal rights of individuals and legal entities through decisions of the competent judiciary. Therefore, it is necessary to understand further about the existence of Legal Standing, especially in the legal system in Indonesia.
A. Definition of Legal Standing
Black’s Law Dictionary defines Legal Standing as follows:
“A Party’s right to make legal claim or seek judicial enforcement of a duty or right”
From this definition, Legal Standing is a determinant of whether a person who is in a litigation is a legal subject who has fulfilled the requirements as regulated by law to file a case before the court. The term Legal Standing is also known as standing, ius standi , which is generally defined as the right to sue, or some call it a standing position. This right is not only owned by individuals but also by community groups aiming to protect their interests such as in terms of protecting the environment, consumers, constitution and others. Furthermore, Legal Standing is an adaptation of the term personae standi in judicio which means the right to file a lawsuit or petition before the court on behalf of the interests of certain community groups.
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B. The Existence of Legal Standing in Indonesian Law
Legal Standing is generally used to refer to the organization’s right to sue as contained among others in Law Number 32 of 2009 on Environmental Protection and Management (“ Law 32/2009 ”), Law Number 8 of 1999 on Consumer Protection (“ Law 8/1999 ”), Law Number 24 of 2003 on the Constitutional Court (“ Law 24/2003 ”), Law Number 5 of 1986 on the State Administrative Court (“ Law 5/1986 ”) and the pure Civil Code contained in the Civil Procedure Code (“ HIR/RBg ”).
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Constitutional Court Law
Article 51 paragraph (1) of Law 24/2003 stipulates that applicants for judicial review of laws to the Constitutional Court are parties who consider their constitutional rights and/or authorities to be impaired by the enactment of certain laws. in accordance with this article, the applicant can be qualified as:- Individual Indonesian citizens, including groups of people who have the same interests
- Customary law community units, as long as they are in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law;
- Public or private legal entities; or
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State institutions.Furthermore, the applicants must clearly describe, in their application, their constitutional rights and/or authorities as regulated in the 1945 Constitution of the Republic of Indonesia.
There are several important elements of the applicant’s legal standing:
- Element of constitutional rights and authorities, which are granted by the constitution as regulated in the 1945 Constitution of the Republic of Indonesia.
- Element of feeling harmed, which makes the applicant consider his constitutional rights and/or authorities impaired and therefore consider himself entitled to apply for a judicial review.
- Element of loss, which raises the actual losses, not just the potential losses.
- Element of causal verband, which shows a clear causal relationship between the validity of laws and the losses suffered by the applicant.
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Environmental law
In relation to environmental protection, Legal Standing is known as the right of environmental organizations to sue through court as regulated in Article 92 of Law 32/2009, which states as follows:
- In the context of implementing the responsibility for environmental protection and management, environmental organizations have the right to file lawsuits in the interest of preserving environmental functions.
- The right to file a lawsuit is limited to a demand to take certain actions without any claim for compensation, except for real costs or expenses.
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Environmental organizations can file a lawsuit if they meet the following requirements:
- in the form of a legal entity;
- confirming in its articles of association that the organization was established for the purpose of preserving environmental functions; and
- having carried out real activities in accordance with their articles of association for a minimum of 2 (two) years”
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Consumer Protection Law
Apart from environmental matters, Legal Standing is also known as the organization’s right to sue for consumer protection through the Non-Governmental Consumer Protection Agency ( Lembaga Perlindungan Konsumen Swadaya Masyarakat, “ LPKSM ”), as stated in Article 46 paragraph (1) letter c of Law 24/2003, which states as follows:- A lawsuit against a violation committed by business actors can be filed by:
- a consumer who is harmed or the heir concerned;
- a group of consumers who have the same interests;
- a non-governmental consumer protection institution that meets the requirements, namely in the form of a legal entity or foundation, which in its articles of association clearly states that the purpose of the establishment of the organization is for the benefit of consumer protection and has carried out activities in accordance with its articles of association;
- government and/or related agencies if the goods and/or services consumed or utilized result in large material losses and/or involve a big number of victims.”
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State Administrative Law
As stipulated in Article 53 paragraph (1) of Law 5/1986, subjects who can act as plaintiffs in state administrative disputes are:- Individual persons,
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Civil legal
entities, namely any body that is not a public legal entity, such as private companies, organizations, or community associations that can be represented by their management appointed by their articles of association.
In addition, a lawsuit filed in a state administrative dispute must involve a loss of interest i.e., personal interests that are directly harmed by the issuance of a non-derivative state administrative decision letter.
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HIR/RBg
The provisions of HIR/RBg stipulate that everyone who is a party to a court proceeding must be a party with a legal interest. Legal interests basically involve aspects of ownership interests (proprietary interest) or losses directly experienced by the plaintiff so that they are referred to as the aggrieved party.
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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.