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All Journal Honeste Vivere
Wibawa Sitanggang, Riko
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Law, Crime, Criminology & Criminal Justice

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PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TERHADAP PERUSAHAAN PERKEBUNAN YANG TERKENA DENDA GANTI KERUGIAN GUGATAN LINGKUNGAN HIDUP Wibawa Sitanggang, Riko
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.422

Abstract

Several palm oil plantation companies have filed for voluntary bankruptcy through commercial offers to avoid the burden of environmental fines due to environmental lawsuit fines. Instead of paying the fines, the company's assets after being calculated are not enough to pay the fines, let alone the company's operational costs such as mortgage credit, employee wages, and tax payments. As a result, an event of no benefit occurs due to environmental fines for the plantation company. The above events finally encouraged me to write this law by analyzing several regulations, court decisions, legal events that occurred, and of course based on the theory of Radburgh's benefits and continuous development, especially in the field of natural resources and palm oil commodities, especially for palm oil plantation companies that have been subject to environmental fines but their company assets are insufficient and in the end the plantation company filed for voluntary bankruptcy through a commercial permit.
KEWENANGAN MENGADILI BADAN DAN/ATAU PEJABAT PEMERINTAH (ONRECHTMATIGE OVERHEIDSDAAD) YANG BERSIFAT KEPERDATAAN Wibawa Sitanggang, Riko
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.459

Abstract

In practice, there is indeed a limitation of competence between the State Administrative Court and the General Court within the scope of the Supreme Court of Indonesia (Peraturan Mahkamah Agung Republik Indonesia No. 2 Tahun 2019 dan Surat Edaran Mahkamah Agung Republik Indonesia No. 2 Tahun 2019). However, the principle of justice prioritises the idea that courts cannot reject submitted applications (ius curia novit), particularly for those seeking justice. The development of judicial competence certainly brings about legal events that require judges to examine cases submitted to them based on applicable law (rechtmatigheid) and legislation (wetmatigheid), regardless of whether the case falls into the category of absolute inter-judicial competence. This is particularly important when legal events involve government agencies and/or officials, while ensuring that the applicant's sense of justice as a justice seeker is not harmed or eliminated.
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