The Existence of Forced Money in State Administrative Courts

Eksistensi Uang Paksa dalam Peradilan Tata Usaha Negara

Abstract

The authority and significance of the State Administrative Court (PTUN) for seekers of legal truth depends on the implementation of its decisions by state administrative apparatus in accordance with the rulings. As a consequence, the fundamental problem with the existence of the PTUN actually centers on the compliance of State Administrative Bodies/Officials with the bonds stated in the court verdict. Dwangsom or forced money is an additional sanction imposed on the convicted party to pay off a sum of money outside the main sentence, with the intention that the convicted party is willing to carry out the main sentence according to schedule and procedures. The application of dwangsom in the execution of private cases in the General Jurisdiction is anticipated to optimize the success rate of sentence executions. However, the facts indicate that the implementation of dwangsom is still faced with problems, with the PTUN panel of judges rarely handing down dwangsom sentences in order to optimize the executability of the verdict. This article was composed using a literature study methodology, by accumulating, interpreting and reviewing data from various correlated literature sources. Data accumulation is carried out through investigation and restructuring of sources such as scientific journals, reference books, and previous research results. The analysis methodology applied is content and descriptive analysis. Library material from various reference sources is analyzed critically and comprehensively to support the substance of the discussion and the author's conception.