The Arrangements for Implementation of State Administrative Courts Decisions in Indonesia Based on Justice Value
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 01
Abstract
In the Indonesian constitution it is stated that the State of Indonesia is a state of law, this is evidenced by the existence of a State Administrative Court which aims to prevent abuse of the authority of public officials, but the implementation of the PTUN decisions does not yet have firmness because there is no coercive effort for public officials who are declared wrong in implementing the policy. The purpose of this study is to analyze and explain the regulations as well as the execution of the decisions of the State Administrative Court that apply in Indonesia and analyze the weaknesses that affect the execution of the decisions of the State Administrative Court. The method in this is non-doctrinal, using primary data obtained by conducting interviews and secondary data by conducting a literature study, the results of the research are then analyzed using qualitative descriptive methods. Because Law Number 51 of 2009 concerning the State Administrative Court confirms not to carry out the execution of the PTUN decision. The weakness lies in the legal substance of Article 97 number (9) of the Law of the Republic of Indonesia Number 51 of 2009 concerning the State Administrative Court, which has not regulated threats to officials who do not carry out the provisions as stated in the decision of the State Administrative Court. And the weakness in Article 116 has not regulated the amount of forced money sanctions. While the legal structure factor is the absence of further legal remedies because the implementation of the PTUN decision depends on the awareness of the relevant officials. These weaknesses have led to a loss of public confidence in the PTUN decision, so it is necessary to reconstruct Article 97 point (9) and Article 116 of the Law of the Republic of Indonesia Number 51 of 2009 concerning the State Administrative Court.
Authors and Affiliations
Junaidi, Sri Endah Wahyuningsih, Gunarto
Keywords
Related Articles
- EP ID EP704165
- DOI 10.47191/ijsshr/v5-i1-33
- Views 94
- Downloads 0
Determinants of Student Activism in State Universities in Sri Lanka
Producing high-quality human resources is one of the main aims of the state university system in Sri Lanka. However, the smooth functioning of the state university system is sometimes interrupted by student activism. Eve...
Asset Selection and Portfolio Management on LQ 45 Using Active and Passive Management Strategy
The aim of this research is to build a stock portfolio contained in the LQ 45 index using passive and active strategy methods based on financial report data published during the 2016-2019 period, choosing that year to av...
Physical Fitness Degradation of the Elementary School Students: A Case on Gorontalo City, Indonesia
The ongoing debates on physical literacy in the realm of public physical fitness (PF) in Indonesian literature has resulted in various surprising but exciting facts. However, most of the existing studies on PF have gener...
The Impact of Illegal Parking on Traffic Connection along Pasar Kembang Yogyakarta Road: Problems and Solutions
Parking is an activity that is repeatedly carried out by everyone who is driving, whether using a motorbike or a car. Illegal parking has become a phenomenon that is often encountered in the transportation system in Indo...
Exploring the Correlation between Students' Attitudes towards AI and Their Learning Outcomes
This research study aims to investigate the intricate connection between students' attitudes toward Artificial Intelligence (AI) and the correlates of their learning outcomes. With the growing integration of AI in variou...