Abstract: This research is based on the fact that there are no regulations or provisions that specifically regulate coercion for superior officials who do not want to impose administrative sanctions on their subordinates, such as the types of administrative sanctions that will be applied, how to implement forced payments, even the amount of forced money itself. This is a form of disobedience by Government Officials to implement the Decision of the State Administrative Court as stated in Article 80 paragraph (2) and Article 72 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. However, in the perspective of the rule of law, it can be considered that the legality principle which requires written regulation and its application is not appropriate.
The methods used in this study are normative juridical type and a statute approach, conceptual approach, and case approach. This research uses the 1945 Constitution, the State Administrative Court Law, and the Government Administration Law. This research is related to administrative sanctions for officials who do not implement the State Administrative Court Decisions and the concept of imposing sanctions for officials who do not implement the State Administrative Court Decisions. The Amendments to the Law on State Administrative Courts explain the consequences of the law submitted to State Administration officials who do not carry out court decisions, namely Compensation or payment of an amount of money (forcibly) regulated in Article 3 paragraph (1) Government Regulation of the Republic of Indonesia Number 43 years 1991 regarding Compensation, besides that there are Administrative Sanctions which are divided into 3 types, namely in the form of mild sanctions: verbal or written warnings, promotion postponed class, and rights of office.
Keywords: administrative sanctions, State Administrative Court, juridical type, Government Administration Law.
Title: Administrative Sanctions for Officials for Not Implementing the Decision of the State Administrative Court
Author: Asmuni, Asmuni
International Journal of Social Science and Humanities Research
ISSN 2348-3156 (Print), ISSN 2348-3164 (online)
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