URGENCY OF CRIMINAL PUNISHMENT, THE ACT OF NOT IMPLEMENTING A COURT DECISION THAT HAS PERMANENT LEGAL FORCE

Abstract

Final court decisions should be enforced to uphold justice and legal certainty. However, decisions are often ignored without firm sanctions. This non-compliance undermines the authority of the law and harms those seeking justice. Therefore, criminal sanctions need to be implemented as a legal protection measure and to uphold the court's authority. The purpose of this study is to identify and analyze the urgency of criminalizing non-compliance with final court decisions and to develop an ideal concept that can be proposed to encourage the effectiveness of the actual execution of cases that have final legal force. The research method used is normative juridical legal research. The results show that non-compliance with final court decisions violates legal certainty and undermines judicial authority. The absence of criminal sanctions weakens the function of the law. Unlike the common law system, Indonesia still lacks regulations. Criminal sanctions need to be regulated to ensure compliance and maintain the authority of the judiciary. Actual execution is important for restoring rights, but weak sanctions make it ineffective. Solutions include criminal sanctions, strengthening enforcement institutions, and a legal culture that respects court decisions. Criminal sanctions for violations of court decisions need to be regulated as legal protection. Repressive and preventative criminal norms are needed, as well as Supreme Court or Supreme Court guidelines to support enforcement.