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

State Administrative Law Implications of Deviations From Building Construction Approval in Prohibited Areas

M. Zamroni (Unknown)



Article Info

Publish Date
01 Jun 2025

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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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 ...