Jurisdiction Conflict between Indonesian District Courts and State Administrative Courts: The Possibility Using ‘Joint-Proceeding’ Concept for Resolution

This study aims to examine the impact of jurisdictional conflict between the Indonesian District Court and Administrative Court after PERMA Number 2 of 2019’ enachment on justice seekers, and examine the possibility of applying ‘joint-proceeding’ concept as a solution. The research uses normative legal research by examining data in the form of primary legal materials of two judges’ decisions relating with conflict of court jurisdiction, as well as secondary legal materials namely ‘joint-proceeding’. The research analyses qualitatively the data to assess the impact of the jurisdiction conflict and to analyze the possibility of using ‘joint-proceeding concept. It shows that conflicts of court jurisdiction between district court and state administrative court has an impact on injustice and legal uncertainty for justice seekers since furthermore the pleading is not accepted then. The concept of ‘joint-proceeding’ which has been recognized in the Indonesian judicial system may be applied as the way to overcome the conflict, especially in case there are two legal aspect engaged in a state administrator’s legal conduct, namely both private and administrative legal aspect. ‘Joint-proceeding’ concept will create an efficient legal process and legal certainty. However, a discussion still has to be made on how to hear the case with two different procedures: the civil procedure and the administrative procedure.