Legal Administrative Review of Deviations in the Execution of State Administrative Court Decisions in Indonesia
Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 10
Abstract
The role of the Administrative Court in resolving disputes within the "Government Administration" in Indonesia caused by the absence of executive power has a significant impact. The State Administrative Court, Legal Proceedings Law, regulates the integration and clarification of the enforcement of State Administrative Court decisions, so the execution of the decision is genuinely dependent on the good faith of the government body or its officials in complying with the law. The problem of executing the decisions of the State Administrative Court is a common legal phenomenon. As mentioned by Paulus Effendi Lotulung, the issue of execution is present in various countries; even though multiple regulations and mechanisms regulate it, but there is still no sufficiently effective coercive legal means to force the relevant agencies or officials to comply with the decision. Several factors that cause the weakness of the execution of State Administrative Court (PTUN) decisions that have obtained legal force are as follows: First, the absence of legal regulations that require State Administrative Court officials to implement legally binding court decisions. Second, the factor of judges' reluctance to include forced monetary payments in case the relevant State Administrative Court officials do not execute the court decision. Third, the compliance factor of State Administrative Court officials in carrying out legally binding court decisions. The issue of executing State Administrative Court decisions is also related to the implementation of regional autonomy, as with regional autonomy, all regional government officials in districts/cities have extensive authority in managing their regions and inevitably use administrative decision-making methods.
Authors and Affiliations
Yolanda Dwi Putri Hayati, Dr. Joko Setiyono, S. H. , M. Hum
Ethical Dilemmas of Nurses on Patient Autonomy in End-Of-Life Care in A Selected Tertiary Hospital in Nanyang City, China
This study examines the ethical dilemmas faced by nurses concerning patient autonomy in end-of-life care at a tertiary hospital in Nanyang City, China. The research focuses on how nurses navigate complex decisions involv...
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...
Implementing Legislation A Priory Assertion to Rule of Law in Bangladesh
The constitution of Bangladesh contains a plethora of laws to maintain peace and security in the society through establishing the rule of law. The judiciary of the country is independent since 2007 but to some extent, th...
Zaken Cabinet Map and Presidential Prerogrative in the Perspective of Multiparty Presidential System in Indonesia
Constitutionally, the system of government chosen by the Indonesian people is a presidential system with a multiparty system. This system of government makes the President shackled by political parties when he wants to a...
Artificial Intelligence in Thai Healthcare: Current Landscape, Awareness, and Future Outlook
This research explores the current and future trends of Artificial Intelligence (AI) applications in the Thai medical field. Conducted through qualitative research involving 40 medical professionals, the study gauges awa...