General Principles of Good Governance in Execution in State Administrative Courts

Abstract

Article 52 paragraph (2) of Law Number 30 Year 2014 concerning Government Administration expressly states that the legal requirements for a Decree are based on the provisions of the legislation and the General Principles of Good Governance (hereinafter abbreviated as AUPB). That is, in addition to Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts, the Government Administration Law has also provided juridical legitimacy to judges to apply AUPB as a tool to test State Administrative Decisions. Execution can be interpreted as an action in the case of a court decision that has permanent legal force (inkracht). Execution of court decisions is the implementation of court decisions by or with the help of outside parties from the parties. Matters relating to execution are cancellation of a Decree followed by rehabilitation, administrative sanctions and execution of a decision to pay a sum of money (dwangsom). Article 116 paragraph (4) of the Administrative Court Act which states that "In the event the defendant is not willing to carry out a court decision has obtained permanent legal force, the officials concerned are subject to forced efforts in the form of payment of a number of forced money and / or administrative sanctions ". The purpose of these provisions is "officials who do not carry out court decisions that have legal force remain subject to forced money", forced money is meant to impose a form of payment of money set by the judge because of the position stated in the ruling when granting the plaintiff's claim. Forced money (dwangsom) is imposed by the judge with the intention that the decision in the principal case is carried out by the defendant (the losing party).

Key Words:  AUPB, Execution, PTUN

DOI: 10.7176/JLPG/81-16