Karya Ilmiah

DISERTASI (0113) - Penyelesaian Sengketa Lingkungan Melalui Gugatan Administratif di Peradilan Tata Usaha Negara

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ABSTRACT

Granting authority to the Administrative Court to invalidate government decision that
causes environmental pollution and giving compensation to the pollution victims
based on three principles. They are ibi ius ubi remedium principle, efficiency
principle, and simple, quick and low cost judiciary principle. The limitation of
compensation between Rp. 250.000 – Rp. 5000.000 violates the principle of ibi ius
ubi remedium. It means that if there is right, there is remedy. In other words, whoever
causes loss upon ones right, they should be able to be sued to give compensation.
Whoever whose right is violated has right to claim compensation as much as they
loss. Efficiency principle means one source is able to produce two outputs at once. It
means that a claim, which can be administered by one judiciary not necessarily,
administered at two judiciary. This will save time, energy, cost and procedure.
Simple, quick, and low cost judicature principle prevails in criminal law procedure,
civil law procedure, and Administrative Court procedure. The aim of those principles
is that the process of judicial law can be simple, quick, and low cost for plaintiff and
defendant as well as the state as the judicial conductor. Those principles will not be
realized if the pollution victims have to go to Administrative Court to invalidate
decision and afterwards they have to go to general court to claim for compensation.

Key words: Environmental Disputes, Administrative Lawsuit, the Administrative
Court, Remedy.

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Ketersediaan

031217017301

0113

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0113

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM ADMINISTRASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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