EXECUTION OF ADMINISTRATIVE COURT DECISION
| 05 Juli 2018
Presented as materials for discussion with The Chief Judge of Seoul Administrative Court,Honourable SOHN YONG KEUN, LLD, who visited to Denpasar on November 2007 for comparative study and discussed about the Administrative Law and Court both in Indonesia and Korea.
Issues and Constraints in the execution of Administrative Decision
- Legal Culture
- Excess of the Corruption, Collusion and Nepotism Practices
- Legal Awareness
- Law of Procedure Facility
Article 116 (4) Law No. 9/2004
In the case where the convicted is unwilling to execute the verdict, a forced attempt such as penalty and/or administrative sanction will be imposed.
•PUBLICATION ON MASS MEDIA Article 116 (5) Law No. 9/2004
Court registar shall publish the non compliant state officials who fails verdict as mentioned in paragraph (4) on local printed mass media following failure to observe the provision articulated under paragraph (3).
In imposing penalty, it should be notice that the penalty will only be imposed upon noncompliance of the responsible official to the judge decision
WHO SHALL PAY THE PENALTY ?
The cost will be born by state finance, or by the individual under discussion.
•1. DUTY FAULT (faute de serve) Theoretically, a state official who is on duty is assuming state’s role. Therefore, when during this time he/she incurs damage on others/public, as long as the tasks are within the legal corridor, it will then justified that the lost of the affected people born by the state.
2. INDIVIDUAL FAULT (faute personelle).Unlikely, when a state official is noncompliance to the judge’s verdict when he/she is not assuming an official role, the cost of his/her noncompliance shall be born individually.