Kesenjangan Norma dan Praktik Eksekusi Putusan Condemnatoir PTUN: Analisis Pasal 97 UU PTUN dan Yurisprudensi Mahkamah Agung Republik Indonesia

Abstract

The condemnatoir judgment of the State Administrative Court normatively guarantees rights restoration; however, its execution frequently stalls due to bureaucratic resistance. This study examines the gap between the normative assurance of Article 97 of the PTUN Law and the reality of judgment execution, particularly concerning civil service and compensation disputes. This study employs a normative legal research method through regulatory analysis and examination of Supreme Court jurisprudence. The findings reveal that execution barriers stem from the absence of administrative coercive instruments, fragmented state financial regulations lacking contingency budget posts, and a bureaucratic culture that treats PTUN judgments merely as recommendations. These conditions render the judgment's dictum vulnerable to reduction and prevent its substantive realization. The study concludes that execution effectiveness requires regulatory harmonization through the issuance of unified execution technical guidelines, contingency budget allocation, and collaborative supervision mechanisms to ensure administrative legal certainty.