Legal Protection for Environmental Control and Management Continuation Through the Ruling of the State Administrative Court Abdul Latif (a), Lulik Tri Cahyaningrum (b)
Universitas Krisnadwipayana, Bekasi
Universitas Jayabaya, Jakarta
Abstract
The problem in this paper is how the consistency of the decision on environmental state administrative disputes in the state administrative court. The writing method uses a normative juridical approach with statutory regulations, the legal sources used are primary and secondary legal sources related to state administrative law and those related to environmental regulations, besides that, the author uses a case study approach. The results of the study show that the application of regulations related to administrative state decisions in the environmental field is still not consistent, where the government places more emphasis on remedial (retroactive) measures in environmental matters which are manifested in the form of government intervention to restore environmental conditions after pollution and/or environmental damage. Considering that the largest part of environmental law enforcement is in the area of government administration, the inconsistencies in environmental state administration decisions must be resolved immediately to realize good environmental protection and management. Even though the decision of the judge of the state administrative court is not only intended to resolve a dispute but will also become a guideline for government agencies/officials in realizing environmental protection and sustainable management. Changes in environmental law provisions that have the potential to lead to inconsistencies in these decisions must be harmonized by the legal system. Without consistency in rulings on environmental public administration disputes, it will be difficult for the government to adopt rulings and guidelines for setting policies related to environmental protection and management.
