Ethos and Pragmatic Law Review
Vol. 1 No. 2 (2025): Ethical and Pragmatic Perspectives on Contemporary Legal Issues in Governance a

Judicial Review of the Audi et Alteram Partem Principle in Denpasar Administrative Court Ruling No. 2/G/LH/2018/PTUN.DPS

Hana Nailah Abiliah (Universitas Sultan Ageng Tirtayasa)
Raine Graciea Firdaus (Universitas Sultan Ageng Tirtayasa)
Shifaunissa (Universitas Sultan Ageng Tirtayasa)



Article Info

Publish Date
30 Dec 2025

Abstract

The development of the Celukan Bawang Coal-Fired Power Plant Phase II has generated an environmental dispute that resulted in the Denpasar Administrative Court Decision Number 2/G/LH/2018/PTUN.DPS. This case is significant as it concerns the application of the audi et alteram partem principle, a fundamental principle guaranteeing the right of parties to be heard fairly, particularly in environmental disputes that are preventive in nature and involve broader public interests. This study aims to analyze the application of the audi et alteram partem principle in the decision and to examine its implications for access to justice for affected communities. This research employs a normative legal research method using statutory and conceptual approaches, with secondary legal materials analyzed through qualitative descriptive analysis. The findings show that the panel of judges only fulfilled the formal hearing requirement by allowing the parties to submit their claims, but failed to meet the substantial hearing requirement by not seriously considering empirical evidence and substantive arguments presented by the plaintiffs. The termination of the case at the preliminary stage without examining the merits undermined the precautionary principle and weakened the protection of community environmental rights. In conclusion, the application of the audi et alteram partem principle in this decision was not optimal and resulted in a denial of justice in environmental law enforcement.

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Journal Info

Abbrev

Ethos

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Ethos and Pragmatic Law Review (EPLR) (E-ISSN : 3110-5831) is a scholarly journal that publishes research articles, conceptual studies, and critical analyses in the field of law, with a primary focus on Administrative Law, state financial law and Tax Law. This journal serves as an academic platform ...