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All Journal Jurnal Hukum Respublica Semarang State University Undergraduate Law and Society Review
Miswadi, Robin Krisna
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Law, Crime, Criminology & Criminal Justice

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Di, At Proses Penyelesaian Sengketa Perbuatan Melawan Hukum Oleh Penguasa Melalui Pengadilan Tata Usaha Negara di Indonesia Tino Adiantomo, Yulius; Asael, Muhammad; Miswadi, Robin Krisna; Rachman, Shofwan
Jurnal Hukum Respublica Vol. 22 No. 2 (2023): Jurnal Hukum Respublica
Publisher : Faculty of Law Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/respublica.v22i2.13689

Abstract

In carrying out governmental tasks, government officials or agencies are given broad authority in accordance with the proportion of their positions. This broad authority allows for abuse of authority, so that on the part of the community, forms of loss arise in the form of injustice, which is certainly contrary to applicable law. This is often referred to as an unlawful act by the authorities, which in Dutch means onrechmathige daad, so to avoid this, another institution is needed to control the government implementing agency. The Indonesian state adheres to the theory of trias politica in which the executive branch is controlled by equal institutions, namely the legislature and the judiciary. In carrying out state duties, the executive branch is controlled by a judiciary, namely the State Administrative Court (PTUN). In this case, it is necessary to know regarding the role of the TUN Judiciary, namely the implementation of state administration such as the termination of disputes carried out by individuals or civil bodies against officials or government agencies that arise because of the issuance of TUN Decisions and law enforcement in an act against the law by the authorities effectively and efficient
The Rights of Non-Landowner Communities in the National Strategic Project of Bener Dam (Case Study of Wadas Village, Purworejo, Central Java) Miswadi, Robin Krisna
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.26265

Abstract

Infrastructure development through the National Strategic Project (PSN) in Indonesia often presents challenges related to the protection of the rights of affected communities, especially non-landowner groups. This study examines the rights of affected communities involved in andesite mining activities in Wadas Village, Purworejo, as part of the Bener Dam construction, and evaluates the representation of non-landowner residents in the decision-making process. The research method employed is empirical juridical with normative and sociological approaches, including interviews with residents and analysis of relevant regulations. Findings indicate that although the legal framework regulates land rights, a healthy environment, and compensation, the implementation on the ground is often non-transparent and lacks substantive public participation, particularly for non-landowner residents who are socially and environmentally impacted. Conflicts and structural exclusion arise due to regulatory limitations that recognize only landowners as stakeholders. The study recommends revising land acquisition regulations, strengthening inclusive participation mechanisms, and implementing the Free, Prior, and Informed Consent (FPIC) principle to ensure social justice and sustainable development. This study contributes to the understanding of marginalized communities' rights in the context of national development and provides a policy basis for more equitable rights protection.
Co-Authors Asael, Muhammad Rachman, Shofwan Tino Adiantomo, Yulius