LamLaj
Vol. 11 No. 2 (2026): September

An Administrative Sanction Enforcement Model for Spatial Justice: The Maj Apartment Dago and Bankruptcy Law

Irsyad Halim Al-Ghifari (Faculty of Law, Universitas Padjadjaran, Indonesia)
Maret Priyanta (Faculty of Law, Universitas Padjadjaran, Indonesia)
Yulinda Adharani (Faculty of Law, Universitas Padjadjaran, Indonesia)



Article Info

Publish Date
30 Sep 2026

Abstract

This study analyzes the enforcement of administrative sanctions for spatial utilization violations at The Maj Apartment Dago (TMAD) in the North Bandung Area from the perspectives of spatial planning law and spatial justice. It asks whether enforcement can go beyond controlling non-compliant development and provide a legal mechanism for restoring spatial functions. The study applies normative juridical research with statutory, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials and on documented legal facts concerning TMAD, all analyzed qualitatively. Its novelty lies in an enforcement model that connects spatial administrative law with bankruptcy law, particularly for demolition and spatial restoration where the building owner is bankrupt and the assets are subject to the rights of secured creditors. The findings show that TMAD raises spatial conformity and licensing issues, including construction beyond the height permitted under the applicable spatial planning framework. The postponement of the Certificate of Proper Function (Sertifikat Laik Fungsi, SLF), however, is not a spatial administrative sanction and does not meet the need for spatial restoration. The developer’s bankruptcy and the building’s position within the bankruptcy estate further complicate enforcement. The proposed model therefore coordinates administrative demolition and spatial restoration with the bankruptcy regime under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, while respecting the rights of secured creditors and other legally protected interests. The model offers a legally structured mechanism for restoring spatial functions while preserving legal certainty and spatial justice.

Copyrights © 2026






Journal Info

Abbrev

abc

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Notary Law, Civil Law, Inheritance ...