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Kardiansyah Afkar
Faculty of Law, Universitas Gadjah Mada, Yogyakarta
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Application of Sanctions Against State Administrative Officials Failing to Implement Administrative Court Decisions Hendry Julian Noor; Kardiansyah Afkar; Henning Glaser
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.538 KB) | DOI: 10.20961/bestuur.v9i1.49686

Abstract

In its constitution, Indonesia declares itself a state of law. However, government practice frequently ignores the State Administrative Court's judgements, despite the fact that court decisions are a crucial part of the state of law notion. The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not comply with administrative court decisions. This is prescriptive and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. The result of this study shows, Firstly, the results showed that the nature of administrative court decisions is erga omnes. Secondly, the position of the Prosecutor is categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.
President’s Power, Transition, and Good Governance Zainal Arifin Mochtar; Kardiansyah Afkar
BESTUUR Vol 10, No 1 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i1.59098

Abstract

This study aims to analyze the President's power and the threat attached to it during the transition of the inter-election period and the concept of the legal framework in Indonesia's legal system. It also provides the need to be performed in the future to ensure that the President does not abuse this power. The matter raises a series of problems regarding the government's authority during the election transition period. This research will provide comparative studies with Ghana, Liberia, and the United States to understand the President's power in the Indonesian constitutional system. This research was conducted using doctrinal research methods, or normative legal research. In reviewing a legal issue, a doctrinal research method analyzes positive law, related cases, and other relevant references. The results showed that the President's power during the election transition period needs to be regulated in the constitution. Furthermore, the arrangement has to be enforced technically in the form of a presidential transition law.
Co-Authors Hendry Julian Noor Henning Glaser Zainal Arifin Mochtar