KEPATUHAN PEJABAT TATA USAHA NEGARA TERHADAP PUTUSAN PENGADILAN TATA USAHA NEGARA BERDASARKAN ASAS-ASAS PEMERINTAHAN YANG BAIK

Abstract

The  main  problems  to  be  studied  are:  (1)  how  the legal obedience of administrative officials carry out the verdict of administrative court based on good government principles?; (2)  Is  the  arrangement  about  the  obedience  of  administrative officials already  appropriate with good government principles? The method of study use is the juridical normative method. The Approaching   of   problems   use   statute   approach,   conseptual approach,    and  case  approach.  Research  data  source  is  taken from primary and secondary legal materials. The collected data is qualitatively analyzed by a normative  juridical approach. The result of this research are : first, the legal obedience of administration officials is to be consistent do the verdict of administrative court in the framework of implementation good good government principles. The obedience based on legal awareness. Legal awareness and legal obedience very needed for law enforcement in Indonesia. Awareness and legal obedience very needed by every person, in the same manner as the purpose of law. The administrative officials as people which have positions needed to be stressed for being obedience the verdict of administrative court based on good government principles and alse as example to other people. Second, based on article 116 Law Number 5 Year 1986 about Administration Court cpuld  be  understood     that   the  arrangement   obedience  the administrative officials not appropriate   with good government principles. Based on the research result is recommended, that first, the Administration court based on Law Number 5 Year in the essence is good enough. The obedience of administrative officials still less make the verdict of administration court no run well, so needed to make birocration reformation especially to the interpretation of the legal awareness or increasing awareness from government to all administrative officials as formed the respect   existence to the body of government; second, Inobedience   the   administrative   court   to the verdict of administration court could be categorize criminal. Third, for the verdict of administration court be able to be done well by administrative officials, so needed control body, although internal and external, hereby the duty of Obudsman National Commision very importence to give attention to the administrative official to do the verdict of administration court.