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All Journal Unes Law Review Realism: Law Review
Dedy Suwandi
Universitas Semarang
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Perlindungan Hukum Terhadap Pemenang Lelang Beritikad Baik yang Risalah Lelangnya dibatalkan Oleh Pengadilan Dedy Suwandi; Agus Saiful Abib; Tumanda Tamba S.P.
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1048

Abstract

Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land provides an opportunity for someone to be able to guarantee land and/or buildings for debts and receivables that they agree to. This mortgage right gives creditors the right to obtain repayment of certain money and gives them a priority position compared to other creditors. If the debtor breaks his contract, the creditor holding the first mortgage right has the right to sell the object of the mortgage right under his own authority through a public auction, and take payment of his receivables from the proceeds of the sale. The auction is often used as a lawsuit for third parties who have an interest in the collateral object being auctioned. Apart from that, the lawsuit also includes the Auction Minutes prepared by the Auction Officer. However, the Auction Minutes as an authentic deed are often canceled and considered to have never existed. When this happens, the auction winner becomes the party who suffers the most losses. As the auction winner has good intentions, he should receive protection for his ownership rights over the auction object.
The Effectiveness of Administrative Sanctions in Promoting Legal Compliance in Indonesian Legislation Dedy Suwandi; Wafda Vivid Izziyana
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.129

Abstract

Administrative sanctions play an important role in promoting legal compliance within Indonesian administrative law, yet their effectiveness remains limited due to inconsistencies between normative design and enforcement practice. This study addresses the need for a more systematic understanding of administrative sanctions by examining their normative structure across sectors and evaluating their practical implementation. The research adopts a socio-legal approach that prioritizes normative legal analysis, supported by limited empirical insights from interviews and secondary legal materials. The analysis is guided by a theoretical framework that integrates legal substance, institutional structure, and legal culture. The findings show that administrative sanctions are formally structured through a graduated model, but their application is often inconsistent, with weak escalation, limited monitoring, and fragmented institutional coordination. As a result, sanctions tend to function symbolically rather than as effective instruments of compliance. The study proposes a theoretical model of administrative sanction effectiveness based on the alignment of normative coherence, institutional capacity, and enforcement legitimacy. Strengthening this alignment is essential for transforming administrative sanctions into reliable tools of regulatory governance and achieving sustainable legal compliance.
Co-Authors Abib, Agus Saiful Tumanda Tamba S.P. Wafda Vivid Izziyana