Rechtsvacuum in Execution of Administrative Sanctions and Forced Penalty Decisions and Implications of Settlement Personnel Disputes

Abstract

The problem that occurs next is that not many TUN Courts have handed down dwangsom in decisions to strengthen the executable decision, as a result of implementing regulations for coercive measures that are not yet available.Under Government Regulation (PP) Number 43 of 1991 concerning Compensation and Processes for its Implementation in the State Administrative Court, Article 117 of Law No. 51 of 2009 is implemented by the regulation specified in that regulation. The two main rules of the PP are compensation and compensation. Because forced money (dwangsom) is distinct from compensation or compensation, from a legal standpoint, the PP still does not take into account the laws on forced money techniques. The term "legal vacuum" (rechtsvacuum) refers to a situation where some things have not been covered by positive legislation, given that the law itself cannot address all facets of life that are constantly evolving.The methodology taken in this text is juridical-normative, or based on legal material and looking at concepts, theories, legal principles, and statutory rules. The study's findings indicate that there are varying and mutually counterproductive norms regarding the quantity of forced money to be paid, the kinds of administrative sanctions to be applied, and the methods for carrying them out, along with transfers of positions and the filling of the Plaintiff's positions by other people, all of which delay the administration of justice.

The Death Penalty in Extraordinary Crimes: A Study on Killing Deception (Qatl al-Ghīlah)

“…That is, it experienced a legal vacuum (rechstvacuum). (Deviani et al, 2023) In fact, at the same time, Article 1 Paragraph (3) of the 1945 Constitution states that Indonesia is a country based on law. This fact can make it difficult for law enforcers to resolve the case.…”