PENERAPAN UPAYA PAKSA DALAM EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA KEPADA PEJABAT TATA USAHA NEGARA

Abstract

Act number 51 of 2009 concerning the second amandement to Act  Number 5 Year 1986 concerning the State Administrative Court governing the implementation of Decision of State Administrative Court based on the awareness of State Business Officials/Officers with hierarchical stages of hierarchy as stipulated in Article 116 of Act Number 5 Year 1986, was not effective enough to fource the State Admnistrative Officers to carry out the Decision of the State Admnistrative Judge. This is evident form some decisions that are not implemented by the State Admnistratin Officer. Therefore, the amandement to Act Number 5 of 1986 concerning the State Administrative Court brought significant chages to this matter, namaely Article 116 paragraph (4) of Act Number 9 of 2004 and the second amandement of Act Number 51 Year 2009 states that “In the event that has obtained permanent legal force, the official concerned shall be subjected to a forced attempt in the form of payment of sum of forced and/or admnistrative sanctions. But in the curse of the implementation of the forced effort is also not fully implemented because it creates various obstacles. The purpose of this paper analyzes and examinis the implementation of forces efforts in the execution of state admnistrative court decisions to state admnistrative officials. The method used is normative juridical research specification used is descriptive analytical, that is trying to describe or describe the problems associated with the object of reasearch. The result of thi reasearch is the application of the forced effort is an additional punisment that is as “condemnatoir”. It is intended that this additional punishment may fultill the implementation of the forced effort that imposes the admnistrative officer of the state to pay a sum of money and is subject to admnistrative senctions not yet fully enforceable because there is no further regulation concerning the payment of the amount of money, the amount, who is entitled to determine payment and/or admnistrative sanctions and payment mechanisms. Suggestions form the result of this study are to recommend to the Supreme Court to make operational guidelines or Juknis about further rules on forced efforts. Recommend to the state admnistrative bodies/official in issung state administrative decisions should be more careful and follow all decisions issued by the Admnistrative Court so that the dignity of the Institute can be  maintained.

Keywords : state administrative courts, forced effort, dwangsom