Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Implications of Government Disobedience in Carrying Out Constitutional Court Decision No. 45/PUU-IX/2011 on Forest Areas

Zainal Arifin, Muhamad (Unknown)
Salman, Radian (Unknown)



Article Info

Publish Date
09 Apr 2025

Abstract

The implications of Constitutional Court Decision No. 45/PUU-IX/2011 resulted in the determination of forest areas as the legal basis for forest areas. Forest areas in the designation stage can no longer serve as a foundation for legal authority. Since the Forestry Law became law, the Decree on the Designation of Forest Areas across Indonesia has been changed. This means the legal reason for designating forest areas under the Transitional Provisions of Article 81 of the Forestry Law is no longer valid. The Government continues to use the Decree on the Designation of Forest Areas as a foundation for convicting individuals, imposing administrative penalties, restricting civil rights, and issuing permits. The Government's noncompliance with the Constitutional Court Decision infringes upon individuals' constitutional rights and results in environmental degradation due to the lack of oversight in forested regions. This research is normative juridical research (doctrinal research)

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...