A Comparative Approach To Administrative Law Sanctions Based On Juridical Characteristics

Sri Nur Hari Susanto 1, Peni Susetyorini 2,

& Kadek Cahya Susila Wibawa 3

https://doi.org/10.62271/pjc.171.65.73

Abstract

Current enforcement of state administrative law needs to prioritize the application of administrative sanctions first. Administrative sanctions are a doctrinal concept that does not have a normative definition. The inclusion of sanctions in administrative law legislation aims to prevent the emergence of a sense of impunity for certain violations of public administration law. This research uses a doctrinal methodology with a conceptual and legislative approach. The findings show that the juridical characteristics of administrative law sanctions show the following differences: there are sanctions that are restorative/reparatory in nature (for example bestuursdwang and dwangsom), there are also those that are punitive/punitive in nature (for example administrative fines), and there are also those that are punitive in nature./punishment (e.g. administrative fines). mixed in nature (for example, revocation of a favorable decision).

Keywords:  Comparative approach, administrative law, administrative sanctions, juridical characteristics.