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Journal : Eduvest - Journal of Universal Studies

Challenges of State Administrative Court Decisions Implementation: Analysis of Challenges to Execution of State Administrative Court Decisions Yogo Pamungkas; Amriyati Amriyati; Andari Yurikosari; Richi J Candra
Eduvest - Journal of Universal Studies Vol. 3 No. 8 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v3i8.870

Abstract

The problem posed in this study is what are the factors causing the obstruction of the implementation of the PTUN decision? second, what is the solution to the obstruction of the implementation of the PTUN decision?  The purpose of the study is to determine the factors causing the obstruction of the implementation of the PTUN decision and the formulation of solutions for the obstruction of the implementation of the PTUN decision. This study uses doctrinal study methods.  emphasizes the use of secondary data from primary legal materials, especially on regulations related to material and formal aspects of State Administrative Justice, secondary legal materials in the form of reference books and research relevant to the theme of study. Especially for reference books and research will be expanded with historical and social themes to see the social factors that influence the formation of law. Third, tertiary law materials as data discovery tools. The results of this study found that obstacles to the implementation of PTUN decisions are procedural laws that have not been able to provide guarantees about the mechanism for implementing decisions and decisions that do not consider aspects of the state administrative law ecosystem and administrative political ecosystem. In the event that there is a request to issue a decision or take action or revise the decision by issuing a new decision, an ex nunc assessment and the implementing agency of the PTUN decision are required.
Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia Andari Yurikosari; Amriyati Amriyati; Yogo Pamungkas
Eduvest - Journal of Universal Studies Vol. 3 No. 8 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v3i8.898

Abstract

The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.