PROBLEMATIKA EKSEKUSI PUTUSAN MAHKAMAH AGUNG NOMOR 146 PK/TUN/2023 TERHADAP SENGKETA AWALUDIN ISU MELAWAN BUPATI TIMOR TENGAH SELATAN DAN IMPLIKASINYA TERHADAP KEPASTIAN HUKUM

Abstract

ABSTRACT: Every country based on the rule of law requires that all government actions have a clear legal basis, reflecting the principle of legality. Law plays a role as a determining factor in the dynamics of a country's social, economic, and political life. In this context, the rule of law in Indonesia is regulated in the 1945 Constitution, which emphasizes the importance of judicial power as a tool to uphold law and justice. However, in practice, the execution of court decisions often faces various obstacles. The case of the dispute between Awaludin Isu and the Regent of South Central Timor (TTS) which was decided by the Supreme Court with number 146 PK/TUN/2023 is a real example of this problem. Although the decision has permanent legal force, its execution has not been carried out, raising serious questions about legal certainty in Indonesia. This study aims to analyze the problems of executing the decision and its implications for legal certainty, by referring to Gustav Radbruch's ideas regarding the basic values ​​of law, namely justice, benefit, and legal certainty. Through a normative legal research approach, this article examines the challenges faced in the implementation of court decisions and their impact on public trust in the justice system. The results of the study indicate that the inability to execute a decision can damage the legitimacy of the law and create uncertainty among the public.