Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
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This Author published in this journals
All Journal The Indonesian Journal of International Clinical Legal Education Indonesian State Law Review (ISLRev)
Aime, Andrianantenaina Fanirintsoa
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Environmental Law Enforcement in Indonesia Through Civil Law: Between Justice and Legal Certainty Nugraheni, Prasasti Dyah; Aime, Andrianantenaina Fanirintsoa
The Indonesian Journal of International Clinical Legal Education Vol 4 No 2 (2022): Access to Justice: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55763

Abstract

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.
Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government Aime, Andrianantenaina Fanirintsoa; Aji, Pradistya Purnama
Indonesian State Law Review (ISLRev) Vol 6 No 2 (2023): Indonesian State Law Review, October 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68239

Abstract

The evolution of the State Administrative Court’s authority in adjudicating factual legal actions involving government entities represents a dynamic facet of administrative law. This paper aims to explore and interpret the nuanced expansion of the State Administrative Court’s jurisdiction in handling cases related to factual legal actions initiated by the government. Through an in-depth analysis of legal precedents, legislative developments, and judicial interpretations, the study navigates the evolving landscape of administrative law. The paper delineates the historical context and legal frameworks that have shaped the State Administrative Court's jurisdiction, emphasizing its pivotal role in ensuring governmental accountability. It investigates the implications of the broadened scope of authority on the court's adjudicative processes and the overall legal landscape. Furthermore, the research scrutinizes key cases to illustrate how the court’s expanded jurisdiction impacts the resolution of factual legal actions involving government entities. By examining the interplay between legislative intent, judicial reasoning, and practical implications, the paper provides insights into the complexities and challenges associated with this expanded mandate. The findings underscore the significance of a judicious balance between the State Administrative Court’s authority and the imperative to maintain government efficacy. Additionally, the paper contributes to the ongoing discourse on administrative law by offering a comprehensive interpretation of the expanding role of the State Administrative Court in the adjudication of factual legal actions initiated by the government. In conclusion, this paper enhances our understanding of the evolving dynamics within administrative law, shedding light on the implications and intricacies surrounding the State Administrative Court’s extended authority in addressing factual legal actions involving government entities.
Co-Authors Aji, Pradistya Purnama Nugraheni, Prasasti Dyah