Bita Gadsia Spaltani
Universitas Ahmad Dahlan

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

Environmental Judge Certification in an Effort to Realize the Green Legislation Concept in Indonesia Indah Nur Shanty Saleh; Bita Gadsia Spaltani
Law and Justice Vol 6, No 1 (2021)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.13695

Abstract

The purpose of this research is to find out, analyze, and explain the certification of environmental judges in an effort to realize the concept of green legislation in Indonesia. This research is a normative or doctrinal legal research. The data analysis was carried out qualitatively, so it is hoped that the discussion can accurately answer the problem formulation. This research resulted in the following conclusions: first; Environmental judge certification is important in the effort to implement green legislation in Indonesia based on four considerations, namely: in the context of realizing the 1945 Indonesian Constitution as a green constitution, the strategic role of judges’ decisions in realizing human and environmental justice, contributing to the effectiveness of environmental law enforcement. as well as for the integrated exercise of judicial or judicial powers in the principles of trias politica. Second, that with regard to the application of environmental judge certification in an effort to realize green legislation, the government has issued the RI KMA Decree Number: 134/KMA/SK/IX/2011 which regulates Certification of Environmental Judges which is used as a reference point for legal development regarding the judge certification system. environment in the settlement of civil, criminal and state administration cases in the environmental field. At the same time, judges training and coaching are conducted every year so that the need for the number of certified environmental judges is met in each region. Third, that the direction of legal reform relating to the provisions of environmental judge certification in an effort to realize green legislation can be carried out through guarding the environmental judge certification policy by cooperating with various parties; increase the capability of judges in the field of environmental science; as well as strengthening the judges’ thinking paradigm so that it is pro-environment or pro-natura (green thinking) as a form of embodiment of environmental legal norms according to the green constitution and green legislation in Indonesia. The benefit of this research is in the context of gaining insight among legal experts and legislative parties in improving the substance of law, especially environmental law which represents the concept of green legislation. This research contains novelty and differences from other research in terms of discouraging ideas and models of public policy reform with the concept of green legislation which is used as a legal umbrella in the form of laws on legal substances related to environmental judge certification.
Pertanggungjawaban Hukum Pejabat Pemerintahan Terhadap Penyalahgunaan Asas Diskresi Indah Nur Shanty Saleh; Bita Gadsia Spaltani
Res Judicata Vol 5, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v5i2.4945

Abstract

Asas diskresi bagi pejabat pemerintahan sejatinya ditujukan bagi pencapaian kesejahteraan rakyat. Namun realitasnya, rentan terjadi penyalahgunaan asas diskresi sehingga penyelenggaraan pemerintahan menjadi tidak berjalan dengan baik. Cukup banyak ditemui kasus yang berkenaan dengan penyalahgunaan asas diskresi oleh pejabat pemerintahan baik di tingkat pemerintah pusat maupun daerah. Tujuan penelitian ini adalah untuk menganalisis bentuk pertanggungjawaban hukum dari penyalahgunaan asas diskresi  yang dilakukan oleh pejabat pemerintahan. Penelitian ini berjenis penelitian hukum normatif atau doktrinal dengan penggunaan data sekunder melalui studi kepustakan. Penelitian mendapatkan kesimpulan bahwa bentuk pertanggungjawaban hukum pejabat pemerintahan yang melakukan penyalahgunaan asas diskresi dapat dilakukan baik secara pidana, perdata, maupun administrasi ke Pengadilan Tata Usaha Negara.Kata kunci: Pertanggungjawaban Hukum, Pejabat Pemerintahan, Asas Diskresi
The Urgency of Legal Justice in Determining the Timeframe for Filing a Lawsuit with the Administrative Court Bita Gadsia Spaltani; Sobirin Malian
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50664

Abstract

The deadline for filing a lawsuit to the PTUN is legally based on Article 55 of Law No. 51 of 2009. This study aims to examine the 90-day deadline that has been regulated in the PTUN Law, how its implications for the rights of citizens who are lost due to the lack of procedural flexibility in proceedings at the PTUN. The urgency of this research is to explain more deeply the urgency of legal justice related to the deadline for filing a lawsuit to the PTUN. This is because so far many cases have been NO or declared unacceptable only because of formal reasons such as the expiration of the lawsuit submission that is more than 90 days. So is this legal norm relevant if it is used continuously in resolving TUN disputes. The approach method used in this study is to use a normative juridical approach that examines law as a system and construction of norms by analyzing it from the aspects of legislation, legal principles, doctrines, and court decisions. The results of the discussion, first, the deadline for filing a lawsuit is regulated normatively through Article 55 of the PTUN Law, which stipulates that a lawsuit must be filed within a 90-day time limit from the receipt or announcement of the KTUN. This regulation is especially for parties who are directly addressed by the KTUN object of the dispute. Regarding third parties who are not directly addressed, the judge refers to the jurisprudence of several previous decisions and refers to SEMA No. 2 of 1991 which was updated in SEMA No. 3 of 2015. Second, related to the many N.O decisions due to the expiration of the lawsuit submission before the judge can examine the main case, judicial activism becomes important but also does not mean violating formal rules. Judges play an important role in upholding legal certainty so that it can run in line with the principle of substantive justice without eliminating the rights of citizens.