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p-Index From 2021 - 2026
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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Sapientia Diversalis: Journal of Human Interaction and Social Studies
Rafli Ramdani
Universitas Islam Negeri Sunan Gunung Djati Bandung
Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Administrative Remedies as a Prerequisite for Filing a Lawsuit in the Administrative Court (PTUN) Rafli Ramdani; Rihan Rizky; Gia Anggiani; Jasmine Az-zahra; Zakiyah Zakiyah; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/fga6kf24

Abstract

This study aims to analyze the effectiveness of administrative remedies as a prerequisite for filing lawsuits in the State Administrative Court (PTUN), as regulated under Law Number 30 of 2014 concerning Government Administration, Law Number 5 of 1986 concerning the State Administrative Court as amended by Law Number 9 of 2004 and Law Number 51 of 2009, as well as Supreme Court Regulation Number 6 of 2018. This research employs a normative juridical method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that normatively, administrative remedies aim to promote efficiency in dispute resolution, provide opportunities for internal correction, and reduce the caseload of the PTUN, while also functioning as a prerequisite (voorvraag) for litigation. However, in practice, their effectiveness remains limited as they are often treated as procedural formalities, influenced by limited independence, weak transparency and accountability, and low public legal awareness. Comparative analysis with civil law and common law systems shows the need to balance legal certainty and substantive justice. Strengthening regulations, institutions, and legal awareness is essential to enhance their effectiveness as legal protection.  
Pertanggungjawaban Pidana Korporasi atas Pencemaran dan Perusakan Lingkungan: Studi Normatif terhadap Prinsip Strict Liability di Indonesia Rafli Ramdani; Chandra Devaraihan Wahyudi; Sultan Novaliyana Putra
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/3ehsvm94

Abstract

Corporations play a vital role in economic development, yet massive industrialization often negatively impacts environmental sustainability. This article examines the legal construction of corporate criminal liability in environmental crimes in Indonesia. The research focuses on the paradigm shift from "societas delinquere non potest" to recognizing corporations as subjects of criminal law, as well as analyzing the application of Law No. 32 of 2009 concerning Environmental Protection and Management (UU PPLH) and Supreme Court Regulation (PERMA) No. 13 of 2016. The research method used is normative juridical. The discussion results indicate that corporate criminal liability is absolutely necessary to provide a deterrent effect and environmental remediation. The application of the Strict Liability principle and identification theory are crucial instruments for law enforcement to prosecute corporations, not only at the field operator level but also the directing mind or corporate management.
Co-Authors Chandra Devaraihan Wahyudi Gia Anggiani Jasmine Az-zahra Rihan Rizky Sultan Novaliyana Putra Taufiq Alamsyah Zakiyah Zakiyah