Kajian Terhadap Pengaturan Sanksi Denda Administratif Dalam Peraturan Daerah Tentang Pembatasan Sosial Berskala Besar

Abstract

Introduction: This article discusses the study of the regulation of administrative fines in regional regulations regarding PSBB.

Purposes of the Research: The purpose of this article is to find out and analyze administrative fines and to find out and analyze the regulation of administrative fines in regional head regulations.

Methods of the Research: The type of research used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines in order to answer the legal issues faced.

Results of the Research: The results of this study are administrative sanctions as a reaction carried out by the administrative body, is a dimension of unilateral administrative decision-making power. This power is the power to decide, apply and enforce sanctions against individuals who violate the norms of administrative law (public order). Meanwhile, administrative fines are sanctions imposed on administrative violations or administrative regulatory provisions which can be in the form of revocation of permits, dissolution, supervision, temporary dismissal, administrative fines, or police coercion. Ambon Mayor Regulation No. 18 of 2020 which regulates Legal Sanctions is inaccurate and tends to be problematic, not only in material terms but also in formal terms because it has weaknesses: First, because the Mayor's Regulation is not a statutory regulation that is recognized for its existence according to the provisions of Article 7 of the Law Formation of Laws , but the laws and regulations mentioned in the provisions of Article 8 of the Law on the Formation of Legislation which are recognized for their existence and have binding legal force as long as they are ordered by a higher Legislation or are formed based on authority. Second, the regulation of administrative fines in Mayor Regulation No. 18 of 2020 is also inappropriate because Administrative Sanctions are sanctions imposed on administrative violations or administrative provisions of regulations.