Law and Humanities
Published: 22 August 2023
Study of State Administrative Court Decisions as Enforcement of Guidelines for Handling Environmental Cases
Fitria Dewi Navisa, Hisbul Luthfi Ashsharofi
The University of Islam Malang, Indonesia
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Keywords: Decision, State Administrative Court, Environment
In the process of examining and deciding cases, environmental judges need materials related to the environment, especially studies of environmental decisions. The study of environmental decisions opens up space for discourse on legal challenges and findings in environmental cases. One of the challenges faced in environmental cases is the inconsistency of decisions that will affect the granting of rights related to the environment to the wider community. Furthermore, the study of environmental decisions highlights issues that are very important in examining environmental cases, such as scientific evidence on environmental damage due to forest fires, industrial activities, mining activities, and others. The objectives to be achieved in this research are to know and analyze substantial aspects to procedural aspects of environmental law, such as the issue of imposing criminal penalties for corporate management, scientific evidence, environmental permits, application of strict liability, citizen lawsuits, issues of environmental case management and the placement of environmental judges. This research is legal research with the type of research that is normative research. Cases that go to court and are registered as environmental cases do not entirely contain legal substances related to the environment. There were many cases registered with the "LH" register whose legal substance was not directly related to the environment, namely criminal cases regulated in the Oil and Gas Law and cases of corruption in the Oil and Gas sector.
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