Article Per Year (5 Year)
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
Rihan Rizky
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.  
Analisis Yuridis Penegakan Hukum Lingkungan Terhadap Pencemaran Sungai Citarum Rihan Rizky; M Z Syafiq Haidar Hisyam; Muhammad Rafa; Fathir Putra Maulud; Ahmad Ramdani
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/mrbybb57

Abstract

This study analyzes the enforcement of environmental law in addressing pollution in the Citarum River by employing a normative legal research method with statutory and conceptual approaches. The analysis focuses on the regulatory framework, the implementation of law enforcement mechanisms, and the challenges affecting their effectiveness in practice. The Citarum River plays a strategic role in supporting social, economic, and ecological systems; however, it faces serious pressures from industrial pollution, domestic waste, and spatial planning issues. The national legal framework provides a basis for environmental protection through the regulation of water quality standards, environmental permitting regimes, and the imposition of administrative and criminal sanctions. The implementation of environmental law enforcement reflects ongoing efforts in monitoring and sanctioning polluters, particularly corporate actors, although overall legal compliance remains suboptimal. The effectiveness of enforcement is influenced by institutional constraints, technical challenges in evidentiary processes, inter-agency coordination issues, and social factors within affected communities. This study emphasizes the importance of strengthening institutional coordination, enhancing the capacity of law enforcement authorities, and integrating environmental restoration approaches. Consistent and equitable enforcement of environmental law is expected to contribute to improvements in environmental quality, ensure the long-term sustainability of the Citarum River, and support the protection of the public’s right to a healthy and sustainable environment in Indonesia.
Co-Authors Ahmad Ramdani Fathir Putra Maulud Gia Anggiani Jasmine Az-zahra M Z Syafiq Haidar Hisyam Muhammad Rafa Rafli Ramdani Taufiq Alamsyah Zakiyah Zakiyah