JURIDICAL ANALYSIS OF THE PROVISIONS OF SOCIAL WORK ADMINISTRATION SANCTIONS IN TERNATE MAYOR REGULATION NUMBER 20 OF 2020

Sari

The objectives to be achieved in writing this research are to find out whether social work sanctions are included in administrative sanctions, and to find out whether the Ternate Mayor Regulation No. 20/2020 contradicts the Minister of Home Affairs Regulation No. 80/2015. The legal materials obtained by the author will be analyzed using a literature study and the whole is analyzed qualitatively. The results of this study indicate that the law enforcement especially the application of sanctions in Indonesia still has problems. Especially in the application of social work sanctions for violators of the Health protocol in the Regulation of the Mayor of Ternate Number 20 of 2020. This social work sanction has different implementation or implementation in each region, especially Jakarta, North Kalimantan, and Ternate. In addition, this sanction is basically not a sanction that can be applied administratively. Rather, it refers to a reaction to a criminal act. so that this sanction is more closely related to criminal sanctions than to administrative sanctions. The legal effect of the application of the law causes legal uncertainty and contradicts the Minister of Home Affairs regulation number 80 of 2015 concerning the formation of regional legal products and is contrary to law number 12 of 2011 concerning the formation of laws and regulations. So a revision is needed to improve the content of the Ternate Mayor Regulation Number 20 of 2020.