SANKSI ADMINISTRATIF SEBAGAI SALAH SATU INSTRUMEN PENEGAKAN HUKUM DALAM PERATURAN PERUNDANG-UNDANGAN

Wicipto Setiadi

Abstract

Implementation of legislation would be ineffective if not accompanied by
law enforcement. Law enforcement against legislation to many different
forms, one of whom formulated in terms of sanctions, which may include
criminal sanctions, civil penalties or administrative sanctions. The provisions
of this sanction, whether criminal, civil, or administrative is an option,
meaning no need to apply all three but it can be chosen which are the most
effective and most appropriate that the scope associated with the substance
of regulation. In fact, it is possible from a law enforcement legislation was
not needed any sanctions. Inclusion of sanctions should also be adjusted to
the substance set forth in laws and regulations are. For the substance of
issues related to administrative, administrative sanctions are most effective.
Administrative sanctions can be applied either through the courts or through
non-court line, i.e. by administration officials. Administrative sanctions set
forth in the legislation most relevant to the licensing issues and implemented
by the authorities (bodies) administration authorized to issue such permits.
Administrative sanctions imposed by administrative authorities are often
related with violations of licensing requirements. An administrative sentence
needs a legal basis with the possibility for the sentences person the have
a legal effort to sue the administrative sanction.

Keywords

law enforcement; provision of sanctions

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