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All Journal Badamai Law Journal Edunity: Kajian Ilmu Sosial dan Pendidikan
Aju Putrijanti
Faculty of Law, Universitas Diponegoro
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Law Enforcement in Building Permits on Building Planning in Kupang City is Reviewed From Kupang City Regional Regulation Number 7 Of 2015 Concerning Building Gregorius Melianus Manggus; Aju Putrijanti
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 1 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i1.145

Abstract

Based on the author's observations, the background of the main problem formulated is How is Law Enforcement in Building Permits in the Kupang City Area and What Factors Affect Law Enforcement on Building Procedures in the Kupang City Area? The purpose and usefulness of this study are to know and examine the effectiveness of law enforcement in Building Permits on building planning and to know and describe the inhibiting factors of law enforcement of building permits in the Kupang City Area. To answer these problems, research was carried out using the Qualitative Descriptive Analysis method by the data obtained while still paying attention to theories, principles, and legal rules, so, this research is a research sourced from primary and secondary data using an empirical juridical approach. In the results of this study, the main problem examined by the researcher explains law enforcement in building permits in the Kupang city area Regional Regulation Number 7 of 2015 concerning Building Buildings, relating to the rights and obligations violated by the operator of this building including not having a Building Permit, commensurate lines of buildings not by the provisions of the Regional Regulation, and the absence of parking facilities. By the provisions of the Regional Regulation, building operators who violate this are subject to administrative sanctions in the form of reprimands and temporary construction stoppages.
PERKEMBANGAN FIKTIF NEGATIF DAN TINDAKAN FAKTUAL BERSIFAT OMISI DI PERADILAN TATA USAHA NEGARA Aju Putrijanti; Dani Habibi; Anggita Doramia Lumbanraja
Badamai Law Journal Vol 11, No 1 (2026)
Publisher : Program Magister Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/damai.v11i1.25391

Abstract

This research focus on the development of fictitious negative and factual act omission after Supreme Court Regulation Number 2 of 2024 issued. The principle lex posteriori derogat legi priori was implemented against Article Number 3 of Law Number 5 of 1986 of Administrative Court. It was caused by the stipulation of Article Number 53 of Law Number 30 of 2014 of Government Administration, stated that the Administrative Court has authority to examine fictitious positive application, but then it was eliminated by Law Number 11 of 2020 of Job Creation. This elimination caused legal gap and legal uncertainty about the mechanism to get government decree and access to justice. People tried to used mechanism of factual act omission lawsuit, to get justice, because, first, there is no certain regulation which gives authority to Administrative Court to examine fictitious positive application, second, to give justice and legal certainty. The aims of this research are to get to know the development of fictitious negative and factual act omission lawsuit and the regulation refer to fictitious negative and factual act omission lawsuit as access to justice. This research used a doctrinal method and statute approach, conceptual approach and comparative approach to analysis and answer the legal problems. Research results shows fictitious negative lawsuit mechanism can be used to get access to justice, because, there is no cancellation of this regulation, and to give legal certainty and justice to whomsoever might needed. Government should make a new regulation according to Administrative Court system, which resolve the legal problems and legal certainty, and to fulfilled   access to justice.  
Co-Authors Anggita Doramia Lumbanraja Dani Habibi Gregorius Melianus Manggus