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All Journal Jurnal Daulat Hukum Indonesia Prime Abdi Masyarakat JIHAD : Jurnal Ilmu Hukum dan Administrasi Amsir Law Jurnal (ALJ) MITZAL (Demokrasi, Komunikasi dan Budaya) : Jurnal Ilmu Pemerintahan dan Ilmu Komunikasi Journal of Law, Poliitic and Humanities Journal of Scientific Research, Education, and Technology
Salma Laitupa
Unknown Affiliation
Humanities Computer Science & IT Economics, Econometrics & Finance Education Energy Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Administrative Accountability in Positive Fictitious State Administrative Decisions and the Protection of Applicants’ Rights in Environmental Licensing Kartika, Eka Dewi; Laitupa, Salma; Fitriah, Mar’atun; Shalihat Ansar, Nurul
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2559

Abstract

Indonesia’s administrative law system continues to pursue the establishment of an effective, transparent, and accountable governance framework. One of the key issues that has emerged is the application of the Positive Fictitious Administrative Decision (KTUN Fiktif Positif) as regulated in Article 53 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. In the context of environmental licensing, this concept presents new challenges, particularly regarding the accountability of administrative officials for decisions that are deemed legally valid due to inaction or negligence. This research aims to analyze the forms of accountability of administrative officials within the framework of the Positive Fictitious Administrative Decision and to examine the available legal mechanisms to protect applicants’ rights and ensure the effective execution of such decisions. This study employs a normative legal research method with statutory and conceptual approaches. The findings indicate that administrative officials remain liable both administratively and civilly for the issuance of fictitious positive decisions, even when those decisions are legally recognized. Moreover, oversight by the Ombudsman and administrative litigation through the Administrative Court serve as essential instruments to uphold accountability and legal protection for the public. Therefore, judicial reasoning reform and the consistent application of the precautionary principle are necessary to ensure that the acceleration of public services does not compromise environmental protection.
Environmental Legal Politics in Determining State Policies on Environmental Protection Instruments Asriani, Asriani; Laitupa, Salma; Amalia, Rezki; Kartika, Eka Dewi
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51289

Abstract

This study aims to analyze the influence of legal politics on the effectiveness of environmental protection instruments in Indonesia. The research focuses on how the orientation of legal politics determines the formulation, implementation, and enforcement of environmental regulations, particularly in the context of environmental licensing, supervision, and environmental economic instruments. This study employs a normative legal research method using statutory, conceptual, and policy approaches. Legal materials were obtained through library research, including legislation, scientific literature, and research findings related to environmental law and legal politics. The results of the study indicate that, normatively, Indonesia has established a relatively comprehensive regulatory framework for environmental protection. However, the effectiveness of the implementation of environmental protection instruments is still influenced by the orientation of legal politics, which tends to prioritize economic development and investment interests. This condition has led to the weakening of environmental protection instruments, which in practice are often reduced to mere administrative formalities. The novelty of this study lies in its systematic and integrative analysis of the relationship between the direction of legal politics and the effectiveness of environmental protection instruments. This study concludes that the effectiveness of environmental protection does not solely depend on the completeness of regulations but also on the consistency of legal politics in positioning sustainability principles as a priority in state policy.
Co-Authors Amalia, Rezki Asriani Asriani, Asriani Asrullah Asrullah, Asrullah Dewi Kartika, Eka Eka Dewi Kartika Fadli Yasser Fitriah, Mar’atun Kartika, Eka Dewi Sabrina, Dian Fitri Shalihat Ansar, Nurul Sulaeman Sulaeman Syam, Sitti Mutmainnah Yasser Arafat J., Fadly