Non-compliance of State Administrative Officials with State Administrative Court Decisions that have Permanent Legal Force (Case Study of Bandung PTUN Decision Number: 06/G/2006/PTUN-BDG)

Abstract

One of the implementations of the concept of the civil law state is the existence of an administrative judicial institution, namely the state administrative court. As the executor of judicial power, the state administrative court has the authority to issue decisions that are declarative, constitutive, and condemnatory. However, until now, the imposition of administrative sanctions still faces juridical challenges due to the voluntary mechanism for imposing administrative sanctions. The author of this study uses normative legal research methods. From this study, it is known that the factors that cause non-compliance of state administrative officials with state administrative court decisions are: (1). There is no special executive institution or sanctioning institution that functions to implement the decision; (2). There is a low level of awareness among TUN officials about obeying the TUN court decision; (3). There is no firmer regulation regarding the implementation of the PTUN decision.