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Penanaman Kelapa Sawit Sebagai Ancaman Ekologis dalam Perspektif Hukum Lingkungan Ade Lukman Firmansyah; Fahmi Nuraziz Awaludin; Dewi Mayang; Tansya Hadiansyah Ramdi; Yoga Ammar Arifin
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/jcwx5398

Abstract

This study examines oil palm cultivation as an ecological threat from the perspective of environmental law, focusing on the paradoxical role of the state in regulating and promoting plantation expansion. Using a normative juridical approach with descriptive-analytical methods, the research analyzes statutory regulations, environmental law principles, and policy frameworks governing oil palm plantations and environmental protection. The findings indicate a structural contradiction between the state’s constitutional obligation to protect the environment and its economic policies that actively encourage oil palm expansion. Although environmental law instruments, including environmental permits and environmental impact assessments, are formally established to prevent ecological degradation, their implementation remains largely procedural and weakly enforced. This condition contributes to deforestation, biodiversity loss, water pollution, and social-ecological conflicts affecting local communities. The study reveals that the dominance of economic interests has positioned environmental protection as subordinate within development policy.
Analisis Yuridis terhadap Pembatalan Keputusan Tata Usaha Negara oleh PTUN: Menelaah Alasan Hukum yang Digunakan Hakim Dalam Membatalkan KTUN Tansya Hadiansyah Ramdi; Intan Sukmawati; Euis Maesaroh; Aji Nugraha; Taufiq Alamsyah
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 3 (2026): Mei: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i3.1678

Abstract

This study aims to gain an in-depth understanding of the legal reasoning used by judges in the Administrative Court (PTUN) in annulling State Administrative Decisions (KTUN), as well as to examine the legal implications for the parties involved and the overall system of government administration. This research employs a normative juridical method with three approaches: statutory, conceptual, and case approaches. The analysis was conducted qualitatively by studying reference books and reviewing court decisions. The study shows that the annulment of KTUN by PTUN judges is based on three important factors, namely lack of authority (ultra vires), procedural defects, and substantive defects in the decision. In addition, violations of the General Principles of Good Governance (AUPB), such as the principles of legal certainty, prudence, and proportionality, also constitute important considerations for judges. In the judicial process, judges not only consider the formal aspects of the law, but also take into account substantive justice in order to protect citizens’ rights from improper governmental actions. The implications of the annulment of KTUN include the restoration of the plaintiff’s rights through the process of restitutio in integrum, the obligation of administrative officials to revoke or correct the issued decision, as well as the potential impact on third parties involved in the decision. In general, the annulment of KTUN serves as a legal control mechanism over government administration while also encouraging the realization of good and transparent governance within a state governed by the rule of law.