Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government

Deni Setiawan, Siti Rodhiyah Dwi Istinah

Abstract


The purpose of this research is to find out and analyze the executorial mechanism of the State Administrative Court's decisions, to know and analyze the executive power of the State Administrative Court's Decisions associated with the General Principles of Good Governance and to find out and analyze sanctions against Administrative Officials/Bodies. State Enterprises that do not implement the decisions of the State Administrative Court. This study uses a normative juridical method with the approach used is a statute approach and a conceptual approach based on descriptive analytical research specifications. In this context it is necessary to study the executorial power of court decisions and other reasons that may be the cause of the success and failure of the implementation of decisions so that it can be seen that apart from executorial power there are other conditions that are responsible for all the successes and failures in resolving disputes at the State Administrative Court. All of this boils down to the morality of the officials concerned and laws and regulations that do not explicitly regulate the implementation of punishments/sanctions from the state administrative court (PTUN). Officials who do not carry out the obligations ordered in the decision of the State Administrative Court which has permanent legal force (inkracht van gewijsde), will be subject to moderate administrative sanctions which include: a) payment of forced money and/or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights.

Keywords


Administrative; Executorial; Forced; Money.

Full Text:

PDF

References


Journals:

Agus Sujiono, Legal Consequences If State Administrative Officials Do Not Implement State Administrative Court Decisions, TATOHI: Jurnal Ilmu Hukum, 1 (4), (2021): 365. https://doi.org/10.47268/tatohi.v1i4.613.

Firzhal Arzhi Jiwantara and Gatot Dwi Hendro Wibowo, The Executorial Force Of Ruling Of Administrative Court And The Implications In Practice, Journal IUS, 2 (1), (2014): 165. https://doi.org/10.12345/ius.v2i4.164.

Ismail Rumadan, Problems in the Execution of State Administrative Court Decisions, Jurnal Hukum dan Peradilan, 1 (3), (2012): 450. DOI: http://dx.doi.org/10.25216/jhp.1.3.2012.435-462.

Kus Rizkianto, Contempt of Court for State Officials who do not Implement State Administrative Decisions, SALAM: Jurnal Sosial dan Budaya Syar-i, 8 (3), (2021): 680. 10.15408/sjsbs.v8i3.20717.

Mohammad Afifudin Soleh, Execution of Decisions of State Administrative Courts with Permanent Legal Force, Justice Forum Journal of Law Science, 14 (1), (2018): 18. https://doi.org/10.30996/mk.v0i0.1604.

Books:

Amiruddin Ibramsyam, The position of the KPU in the constitutional structure of the Republic of Indonesia after the amendment to the 1945 Constitution, Laksbang Mediatama, Jakarta, (2008)

Jimly Asshiddiqie, Post-Reform State Development and Consolidation, Secretariat General and Registrar's Office of the Constitutional Court of the Republic of Indonesia, Jakarta, (2006)

Jhony Ibrahim, Theory of Normative Law Research Methodology, Banyu Media, Malang, (2008)

Moh. Nazir, Research methods, Ghalia Indonesia, Jakarta, (1985)

Ridwan HR, State Administrative Law, Revised Edition, Rajawali Press, Jakarta, (2011)

S.F. Marbun and Moh. Mahfud MD, Principles of State Administrative Law, Liberty, Yogyakarta, (1987)

Internet:

https://ombudsman.go.id/perwakilan/news/r/pwk--gubernur-aceh-tolak-laksanakan-putusan-ma-mendagri-harus-beri-teguran, Access in 3 Maret 2023.

https://nukilan.id/usman-lamreung-polemik-majelis-adat-aceh-tak-kunjung-diselesaikan/, Acces in date 6 Juli 2023.

Etc.

Arifin Marpaung, Implementation of State Administrative Court Decisions Through Forced Efforts, Airlangga University Postgraduate Program Dissertation, (2010): 7.

Paulus Effendi Lotulung, State Administrative Courts in Indonesia Compared to Administrative Courts Applicable in Various Countries, in Reviewing the Main Thoughts of Establishing State Administrative Equity, LPP-HAN, (2003): 7.

Supandi, Problems with the Implementation of the Execution of TUN Judicial Decisions Against Regional TUN Officials, the paper was presented at the Workshop on the Implementation of the Execution of Administrative Court Decisions about the Implementation of Regional Autonomy, LPP-HAN cooperates with KNH, (2016): 166.




DOI: http://dx.doi.org/10.30659/jdh.v6i3.32081

Refbacks

  • There are currently no refbacks.


View My Stats

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.


Jurnal Daulat Hukum has been indexed in:

sinta google_scholar moraref garuda neliti Dimension Base


slot gacor slot