Creating and Developing Principles of Law on the Liability of Administration without Fault by Administrative Court

Abstract

The research entitled “Creating and Developing Principles of Law on the Liability of Administration without Fault by Administrative Court” aims to 1) determine which principles of law the Supreme Administrative Court used as rationales for administration to have liability without fault, and to 2) analyze the Supreme Administrative Court’s decisions for structuring relevant principles of law on the liability of administration without fault. Qualitative research was used as this research methodology.

The research findings indicated that the Supreme Administrative Court used conceptual theories related to the liability of administration without fault to apply as legal standard for cases involving liability without fault. In order to structure compositions of liability without fault, the concepts of risk theory and equity theory of people in bearing public burdens, legal violation on property rights and the principle of side effects caused by violation of legal rights were applied. Evidently, the components of liability without fault had not yet been clearly spcified by the Supreme Administrative Court, but based on the analysis and synthesis of the final judgement of the Supreme Administrative Court, the liability without fault could be summarized into 4 criteria as follows; 1) the damage came from the administrative agency, 2) the administrative agency used power legally, 3) the private sector was damaged and 4) that damage was highly related to the use of power.