Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions
), Abdullah Abdullah(2), Hendrik Salmon(3), Natanel Lainsamputty(4)
(1) Faculty of Law University of Pattimura, Ambon, Indonesia
(2) Faculty of Sharia in Law, Universitas Islam Negeri Syarif Hidayatullah, Jakarta, Indonesia
(3) Faculty of Law University of Pattimura, Ambon, Indonesia
(4) Faculty of Law University of Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.
Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.
Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.
Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body
Keywords
DOI
10.47268/sasi.v28i2.730
Published
2022-05-07
How To Cite
@article{SASI730,
author = {Dezonda Pattipawae and Abdullah Abdullah and Hendrik Salmon and Natanel Lainsamputty},
title = {Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions},
journal = {SASI},
volume = {28},
number = {2},
year = {2022},
keywords = {Disobedience of State Administration Officers; Application of Forced Money; Execution of State Administration Decisions},
abstract = {Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body},
issn = {2614-2961}, pages = {182--198} doi = {10.47268/sasi.v28i2.730},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/730}
}
Journal Article
Pattipawae, Dezonda R., and Faisal Santiago. “Application of Execution of Forced Money (Dwangsom) on Country Business Justice.” Journal of Law, Policy and Globalization 88 (2019): 173–82. https://doi.org/10.7176/JLPG/88-25.
Pattipawae, Dezonda R. “General Principles of Good Governance in Execution in State Administrative Courts.” Journal of Law, Policy and Globalization 81 (2019): 130–44. https://doi.org/10.7176/JLPG/81-16.
Book
Hadjon, Philipus M. Pengantar Hukum Administrasi Indonesia. Yogyakarta: Gadjah Mada University Press, 2019.
Indroharto. Usaha Memahami Undang-Undang Tentang Peradilan Tata Usaha Negara Buku I Beberapa Pengertian Dasar Hukum Tata Negara. Jakarta: Pustaka Sinar Harapan, 1999.
Lotulung, Paulus Efendie. Beberapa System Tentang Control Segi Hukum Terhadap Pemerintahan. Jakarta: Bhuana Ilmu Populer, 2000.
———. Hukum Tata Usaha Negara Dan Kekuasaan. Jakarta: Salemba Humanika, 2013.
Soemaryo. Tuntunan Praktek Beracara Di Peradilan Tata Usaha Negara. Jakarta: Primamedia Pustaka, 1999.
Supandi. Ganti Rugi Akibat Tindakan Pejabat Pemerintah Dalam RUU Administrasi Pemerintahan Dan Prospek Peradilan Tata Usaha Negara. Medan: Sofemdia, 2002.
Yuslim. Hukum Acara Peradilan Tata Usaha Negara. Jakarta: Sinar Grafika, 2015.
Zulkarnaen, H, and Dwi Mayaningsih. Hukum Acara Peradilan Tata Usaha Negara. Bandung: Pustaka Setia, 2018.
Thesis, Web Page, and Others
Pattipawae, Dezonda Rosiana. “Kekuatan Eksekutorial Putusan Dalam Penerapan Eksekusi Uang Paksa (Dwangsom) Pada Peradilan Tata Usaha Negara Guna Mewujudkan Asas-Asas Umum Pemerintahan Yang Baik.” Universitas Borobudur, 2020.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions |
| 2. | Creator | Author's name, affiliation, country | Dezonda Rosiana Pattipawae; Faculty of Law University of Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Abdullah Abdullah; Faculty of Sharia in Law, Universitas Islam Negeri Syarif Hidayatullah, Jakarta; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Hendrik Salmon; Faculty of Law University of Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Natanel Lainsamputty; Faculty of Law University of Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Disobedience of State Administration Officers; Application of Forced Money; Execution of State Administration Decisions |
| 4. | Description | Abstract | Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Faculty of Law Pattimura University, Ambon; Faculty of Sharia in Law, Universitas Islam Negeri Syarif Hidayatullah, Jakarta |
| 7. | Date | (YYYY-MM-DD) | 2022-05-07 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/730 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v28i2.730 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 28 Issue 2, June 2022 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2022 Dezonda Rosiana Pattipawae, Abdullah Abdullah, Hendrik Salmon, Natanel Lainsamputty
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