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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
M. Zamroni
Universitas Maarif Hasyim Latif Sidoarjo
Law, Crime, Criminology & Criminal Justice

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State Administrative Law Implications of Deviations From Building Construction Approval in Prohibited Areas M. Zamroni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6309

Abstract

The construction of buildings in prohibited areas presents a crucial issue in the administrative law system, particularly in the context of enforcing principles of good governance that are clean and accountable. Prohibited areas, such as water catchment areas, green zones, or cultural heritage sites, have been designated through spatial planning policies with binding legal authority. However, in practice, administrative approval for construction in these areas is still often granted unlawfully by authorized officials, driven by various economic and political motives. This article aims to analyze the legal implications of such procedural violations, both concerning the validity of permits issued and the legal accountability of the responsible officials. The research uses a normative legal approach with a case study on several constructions that violate spatial planning regulations in Indonesia. The findings indicate that these violations could lead to the annulment of permits through decisions made by administrative courts, along with administrative sanctions and even criminal penalties for those proven to have violated the rules. Strict enforcement of administrative law is key to preventing similar violations in the future.
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