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Juridical Analysis of the Serang Administrative Court Decision No. 24/G/2020/PTUN-SRG on the Building Permit Process for a Poultry Farm in Panyaungan Jaya Village According to Law No. 5 of 1986 on the Administrative Court Heriansyah, Heriansyah; Fathullah, Fathullah; Kamseno, Sigit; Mabsuti, Mabsuti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This research aims to analyze the judicial reasoning of the Serang State Administrative Court (PTUN Serang) Decision No. 24/G/2020/PTUN-SRG regarding a dispute over the issuance of a Building Permit (IMB) for a poultry farm in Panyaungan Jaya Village, Serang Regency. The main problem lies in the inconsistency between the local government’s administrative decision and statutory regulations, particularly in relation to the General Principles of Good Governance (AUPB). The study employs a normative juridical method with statutory, conceptual, and case approaches. Data were collected from primary, secondary, and tertiary legal materials, complemented by interviews to provide empirical validation. The results indicate that the PTUN Serang decision is consistent with Law No. 5 of 1986 on the State Administrative Court, Law No. 30 of 2014 on Government Administration, and Law No. 32 of 2009 on Environmental Protection and Management. The court found that the issuance of the IMB lacked legality and due diligence because it was not preceded by environmental assessments (UKL-UPL) and did not involve community participation. As a result, the administrative act was declared legally defective and annulled. Conceptually, the ruling reinforces the PTUN’s role as the guardian of the rule of law and a supervisory mechanism over administrative actions that may infringe upon citizens’ rights. Practically, this study underscores the importance of legality, transparency, and accountability in administrative decision-making, as well as the need for effective enforcement mechanisms to ensure compliance with PTUN judgments.
The Role of Mediators in Resolving Divorce Cases at The Serang Religious Court Under Supreme Court Regulation No. 1 of 2016 Abu Bakar, Aldestianah Putri; Fathullah, Fathullah; Fitnawati WN, Santy
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1796

Abstract

Mediation is one of the mandatory dispute resolution efforts in civil cases, including divorce cases handled by the Religious Court. This mechanism serves as an alternative that allows the parties to reach a peaceful settlement without going through a lengthy, complex, and costly litigation process. Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court strengthens the mediator’s role as a facilitator of peace and reinforces the obligation of mediation in civil dispute resolution. This study aims to analyze the role of mediators in resolving divorce cases at the Religious Court of Serang based on the provisions of the regulation. The research employs a normative juridical method with a statutory approach, supported by empirical data obtained through interviews with mediators at the Religious Court of Serang. This combination aims to provide a comprehensive understanding of the mediator’s role from both normative and practical perspectives. The results of the study indicate that mediators play an important role in facilitating communication between parties, managing the mediation process, identifying each party’s interests, exploring possible settlement options, and assisting in formulating final and legally binding agreements. However, the success of mediation is greatly influenced by factors such as the parties’ willingness to reconcile, the mediator’s communication skills, and the existence of clear and consistent regulations