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Original Research

EFFORTS TO REALIZE EXECUTORIAL STATE ADMINISTRATION JUDGE DECISIONS AND ITS IMPACT ON STATE ADMINISTRATION AGENCY/OFFICERS COMPLIANCE

MUHAMMAD 1, RUKMANA AMANWINATA 2, and I. GDE PANTJA ASTAWA 3.

Vol 18, No 04 ( 2023 )   |  DOI: 10.17605/OSF.IO/2XHTS   |   Author Affiliation: Fakultas Hukum Universitas Pasundan, Bandung, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 591-604   |   Published on: 17-04-2023

Abstract

The State Administrative Court (PTUN) was established to resolve disputes between the government and its citizens as a result of government actions (bestuurshandelingen) that were considered to violate the rights of citizens. The problem in this study is that many PTUN decisions that have obtained permanent legal force (inkracht) are not executory and are not obeyed by the TUN Officials. This research is legal research with a typology of normative legal research or doctrinal research. The nature of the research used in this study is descriptive analytically. The method used in this study is a normative juridical approach, namely testing and reviewing secondary data. The results of the study concluded that the effort thatcan be taken to realize the decision of an executory PTUN judge to be obeyed by the TUN Official is carried out in 2 (two) ways, namely optimizing the use of Administrative Law instruments and the use of Criminal Law instruments. Both efforts are made in order to realize justice and legal certainty in handling TUN cases in Indonesia and to avoid public distrust in PTUN.


Keywords

Decision, Executory, Compliance