This article discusses how Indonesian courts interpret the final element in KTUN and what it means for administrative decisions.
Defining Finality: Exploring the Critical Concept in State Administrative Jurisprudence
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Articles
Reforming Environmental Supervision and Sanctions: Key Points and Discrepancy whether Environmental Approval is Required for Building Approval
This article discusses how Indonesia enforces environmental supervision and administrative sanctions. It also explains the role of environmental approval in business and construction activities, and highlights legal uncertainty when such approval is not clearly required. The analysis reflects broader issues in Indonesia’s environmental law.
The Role of an Individuals in Environmental Litigation: Legal Standing in State Administrative Court Jurisprudence
Examining how Indonesian environmental law and court jurisprudence support individuals’ legal standing in administrative environmental disputes, with a focus on landmark cases and regulatory developments.
Foundations in Focus: Critical Analysis on Legal Standing in Environmental Disputes within State Administrative Courts
Understanding how environmental organizations can file claims in Indonesia’s State Administrative Court is essential in addressing environmental disputes. This article discusses key laws, jurisprudence, and conditions for legal standing under the Environmental Law and Supreme Court regulations.
The Power of Discretion: Navigating State Administrative Jurisprudence on Environment
This article elaborates on the legal foundation and scope of discretion within Indonesian administrative law, highlighting how State Administrative Decisions (KTUN) are formulated and justified based on statutory authority.
Element of Land Ownership Disputes in State Administrative Disputes
This article analyzes how land certificates may qualify as State Administrative Decisions (KTUN), yet disputes involving land ownership may require prior civil court resolution.
Indonesia: Interpreting ‘International’: Reassessing the Definition of Arbitral Awards in Indonesia
The Indonesian Constitutional Court reviewed the 1999 Arbitration Law, particularly the definition of “international arbitral award.” It ruled to remove “considered,” which some viewed as adding legal uncertainty. However, the ruling didn’t address broader issues surrounding definitions and interpretations, leaving questions about clarity in international arbitration unresolved. A modernization of the law is needed.
Unjust Enrichment: Its Resemblance under Indonesian Civil Code
Unjust enrichment, though not expressly regulated in Indonesian civil law, has conceptual similarities that emerge in legal practice and scholarly interpretation. This article examines those parallels and their implications.
Legal Implications of Overlapping Land Certificates in Indonesia
Overlapping land certificates in Indonesia continue to cause legal uncertainty. This article explores the legal consequences, relevant regulations, and key court decisions addressing this issue.