The Problematic Execution Of Administrative Court

A Sociological Approach

Abstract

This study analyzing the issues of administrative court’s execution using Lawrence Friedman's theory. Friedman stated, the law does not operate on its own and that the operation of the law is entirely dependent on the law's substance, structure, and culture. The legal system will result in legal behaviour. This socio-legal study reveals if legal substance of execution have several weaknesses such as application of dwangsom (unclear nominal and only a few judges who apply it), administrative sanctions (absense of administrative sanction's explanatory details in the PTUN Law), mass media announcements (government might to control it by their own willingness), and presidential reprimands (vulnerable to not implemented). The weaknesses in the legal substance led to weak administrative verdict execution. On institution context, we did not find response from the institution or subordinate institutions who deal with the problem of the execution process. Problems of execution are increasingly protracted due to the low awareness of officials in complying with the decision; legal culture aspect. We want to reconstruct of core legal system (substance and institutions) in context  of administrative verdict execution by eliminating some execution processes and optimizing the dwangsom and administrative sanction into autmatically processing.