Overview

Original Research

GOVERNMENT OFFICIALS SANCTIONS NOT IMPLEMENT THE DECISIONS OF THE STATE ADMINISTRATIVE COURT

LATIF USMAN 1, YUSRIADI 2, and DEDI PRASETYO 3.

Vol 18, No 10 ( 2023 )   |  DOI: 10.5281/zenodo.10089127   |   Author Affiliation: Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1; Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 2,3.   |   Licensing: CC 4.0   |   Pg no: 2021-2031   |   Published on: 31-10-2023

Abstract

This study aims to analyze the imposition of sanctions on government officials who do not implement The State Administrative Court Decision. The research method used is normative juridical. The results showed that Government Officials who did not carry out their obligations as ordered in The State Administrative Court Decision which had permanent legal force (in kracht van gewijsde), according to the provisions of Article 116 paragraph (4) of Law Number 51 of 2009 concerning the Second Amendment to the Law -Law Number 5 Year 1986 regarding State Administration Judiciary as previously described, State Administration Officials may be subject to administrative sanctions. Administrative sanctions as regulated in Article 4 of Government Regulation Number 48 of 2016 concerning Procedures for Imposing Administrative Sanctions on Government Officials are a) Minor administrative sanctions; b) Medium administrative sanctions; and c) Heavy administrative sanctions. Each official may be subject to light, medium and heavy administrative sanctions depending on the severity of the offense from the official concerned.

Keywords

Legal Sanctions, Judicial Decisions, State Administration, Government Officials.