Siyasah Dusturiyah: State Law Review
Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review

An Analysis of Judicial Reasoning as a Form of Breaking and Legal Discovery for Ecological Justice

Muhammad Rizky Aditiya (Sultan Ageng Tirtayasa University)
Ikomatussuniah (Sultan Ageng Tirtayasa University)
Ahmad Rayhan (Sultan Ageng Tirtayasa University)



Article Info

Publish Date
05 Jun 2026

Abstract

Post-Job Creation Law, environmental approvals are trapped in rigid administrative formalism, ignoring geological vulnerability. This article aims to examine judicial reasoning in Decision No. 59/G/LH/2023/PTUN.JKT as rule-breaking and rechtsvinding for ecological justice. This empirical legal research employs statutory, conceptual, and sociological approaches, utilizing data derived from qualitative interviews and literature reviews. The findings demonstrate that judges performed rule-breaking by deliberately bypassing formal administrative compliance to prioritize public safety. Furthermore, rechtsvinding was successfully implemented through the dominus litis principle when comprehensively examining complex scientific evidence. Ultimately, this corrective ruling perfectly actualizes the Progressive Legal Theory and the Legal Development Theory, asserting unequivocally that corporate investment execution must strictly submit to the absolute ecological threshold boundaries. Therefore, administrative procedures cannot justify ecologically destructive actions; substantive environmental protection must remain the paramount judicial objective to guarantee intergenerational sustainability across modern Indonesia.

Copyrights © 2026






Journal Info

Abbrev

SDLR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Siyasah Dusturiyah: State Law Review focuses on studying and developing constitutional law, political law, and governance from both Islamic and comparative perspectives. The journal provides a platform for scholarly discussion and critical analysis of constitutionalism, state institutions, ...