Abstract
Article 52 paragraph (2) of Law Number 30 Year 2014 concerning Government Administration expressly states that the legal requirements for a Decree are based on the provisions of the legislation and the General Principles of Good Governance (hereinafter abbreviated as AUPB). That is, in addition to Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts, the Government Administration Law has also provided juridical legitimacy to judges to apply AUPB as a tool to test State Administrative Decisions. Execution can be interpreted as an action in the case of a court decision that has permanent legal force (inkracht). Execution of court decisions is the implementation of court decisions by or with the help of outside parties from the parties. Matters relating to execution are cancellation of a Decree followed by rehabilitation, administrative sanctions and execution of a decision to pay a sum of money (dwangsom). Article 116 paragraph (4) of the Administrative Court Act which states that In the event the defendant is not willing to carry out a court decision has obtained permanent legal force, the concerned are subject to forced efforts in the form of payment of a number of forced money and / or administrative sanctions . The purpose of these provisions is officials who do not carry out court decisions that have legal force remain subject to forced money, forced money is meant to impose a form of payment of money set by the judge because of the position stated in the ruling when granting the plaintiff's claim. Forced money (dwangsom) is imposed by the judge with the intention that the decision in the principal case is carried out by the defendant (the losing party). Key Words : AUPB, Execution, PTUN DOI : 10.7176/JLPG/81-16
Highlights
The existence of a legal state is clearly stated in the constitution, one element of the rule of law is the functioning of an independent judiciary and impartial judiciary, the judiciary is a place to seek the enforcement of truth and justice in the event of a dispute or violation of law, both in framework for resolving criminal, civil and state administrative matters
There is a division of power in one hand that is very inclined to power abuse, meaning rape of freedom and equality ... "2 Article 52 paragraph (2) of Law Number 30 Year 2014 concerning Government Administration expressly states that the legal requirements of a Decree are based on the provisions of the legislation and the Good Governance Principles
If the State Administration Agency or Officer does not carry out the obligations stipulated in the Decision the forced payment is imposed as a form of redemptive effect, so that the State Administration Agency or Officer is subject to the rule of law as a form of implementation of legal supermation in the Indonesian state as state of law, so that the community
Summary
The existence of a legal state is clearly stated in the constitution, one element of the rule of law is the functioning of an independent judiciary and impartial judiciary, the judiciary is a place to seek the enforcement of truth and justice (to enforce the truth and justice) in the event of a dispute or violation of law, both in framework for resolving criminal, civil and state administrative matters. If the State Administration Agency or Officer does not carry out the obligations stipulated in the Decision the forced payment is imposed as a form of redemptive effect, so that the State Administration Agency or Officer is subject to the rule of law as a form of implementation of legal supermation in the Indonesian state as state of law, so that the community (person or civil legal entity feels that there is legal protection from the state to the public). Determination of forced money to the State Administration Agency or Officer who does not carry out its obligations stipulated in the decision in the provisions of Article 116 paragraph (4) of the Administrative Court. The results of the analysis and discussion are described to facilitate the drawing of some conclusions and submission of suggestions
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
