Imposition of Administrative Sanctions on Government Officials Who Do Not Implement Decision of the State Administrative Court

Abstract

This study aims to analyze and determine the nature of the imposition of administrative sanctions on government officials who do not implement the decisions of the State Administrative Court. As well as exploring and finding the concept of imposing administrative sanctions on government officials who do not carry out decisions of the State Administrative Court. This type of normative research examines document studies using various legal materials such as laws and regulations, legal theory, legal principles, legal systematics, research on legal synchronization, legal history, court decisions, and comparative analysis of law. The problem approaches used in this study are the statutory approach, the conceptual approach, the case approach, the philosophical approach, and the comparative approach. The results of this study obtained the following conclusions: (1). The nature of the imposition of administrative sanctions on government officials who do not implement the decisions of the State Administrative Court can be seen from 3 (three) aspects, namely the aspects of ontology, epistemology, and axiology. (2). The concept or model of imposing administrative sanctions on government officials who do not implement the decisions of the State Administrative Court in a futuristic manner and as a form of legal protection for the plaintiff, it is necessary to have a clear basis or legal basis for the State Administrative Court to include administrative sanctions in the decision. Whereas Furthermore, if the official concerned still does not want to carry out the court's decision, then he will be subject to administrative sanctions in the form of temporary dismissal for 5 (five) years without obtaining financial rights and office rights and publication in the mass media for 1 (one) month in a row, except for government officials whose working period is less than five years, the temporary dismissal is adjusted to the remaining active period.