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The Problems of Non-Executive Court Decisions at the State Administrative Court Ridwan Muhammad
International Journal of Education, Information Technology, and Others Vol 3 No 3 (2020): International Journal of Education, Information Technology, and Others
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.917 KB) | DOI: 10.5281/zenodo.4584206

Abstract

This research aims to (1) Know the root of the Non-Executive Administrative Court Decision Problems ( 2) To find out the legal consequences of State Administration officials who are reluctant to implement the Ambon PTUN Decision Number 10 / G / 2015 / PTUN.ABN. This studyuses a normative approach, namely research conducted by examining secondary data or library materials that are focused on examining the application of norms in positive law; and the Non Doctrinal approach, which is to synchronize the prevailing law with the empirical reality in society. This research is qualitative with a descriptive pattern. This type of research is descriptive analytical research, namely research that explains and describes what it is about the Non-Executive Judicial Verdict Problems of the State Administrative Court (Ambon State Administrative Court Decision Case Study Number: 10 / G / 2015 / PTUN. ABN By Mayor Tidore Islands) . The results show that (1) Obstacles in the execution of decisions of the State Administrative Court based on Article 116 of Law Number 51 of 2009 are: Decision, Obstacles in execution of decisions due to State Administrative Officials are Regional Heads whose position is as Political Officials, Obstacles to execution The verdict was caused by the State Administration Officer who was sued was the official who received the authority of the pseudo delegation, Obstacles regarding TUN officials' understanding of the theory of state law and AAUPB, technical obstacles, juridical obstacles (regarding laws and regulations), obstacles related to legal principles, Barriers in terms of limited authority of judges, obstacles due to changes in the regional autonomy system, obstacles due to disobedience of state administration officials. And third; Efforts that can be made against the PTUN decision that are not carried out by state administrative officials / entities such as Criminal Efforts with criminal reports and Civil Efforts by filing civil suits (2) The Role of State Administrative Courts in the practice of resolving Government Administration disputes in Indonesia due to the absence of an institution executives, as well as a strong legal basis, result in the decision of the State Administrative Court having no compulsion.
Normative Analysis of Unlawful Acts of State Administrative Officials Related to the Implementation of State Administrative Court Decisions Ridwan Muhammad; Irham Rosyidi; Nam Rumkel
International Journal of Education, Information Technology, and Others Vol 4 No 4 (2021): International Journal of Education, information technology and others
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (163.139 KB) | DOI: 10.5281/zenodo.5775445

Abstract

This study aimed at determining and finding: (1) whether the unlawful act of the State Administrative Officers as a Defendant was caused by the Article formulation 116 (2) and paragraph (3) of Law Number 51 of 2009 concerning the Second Amendment of Law Number 5 of 2009 1986 concerning the State Administrative Court; and 2) the legal consequences if the defendant (TUN official) does not implement the decision of the State Administrative Decision. By using normative legal research methods which is examining secondary data or library materials that are focused on testing the application of norms in positive law; Analyzing unlawful acts committed by State Administrative Officers (Mayor of Tidore Kepulauan) because State Administrative Court Decisions State which has permanent legal force were not implemented. The results of the study indicated that (1) There was an unlawful act committed by the State Administrative Officers, in this case the Mayor of Tidore Kepulauan, which was not carried out by Ambon State Administrative Court Decision Number: 10/G/2015/PTUN.ABN on November 12, 2005. (2) There was a legal uncertainty as the decisions by the Mayor of Tidore Kepulauan were not implemented, so Ambon State Administrative Court's decision had neither been effective nor legally certain. (3) Those problems were caused by Article 116 paragraph (2) and paragraph (3) of Law Number 5 of 1986 which handed over the implementation of Ambon Administrative Court decision to the defendant (Contrarius Atus principle). (4) There was a legal uncertainty for the plaintiff. 5) Unclear guarantees of the rights of the plaintiffs