Artikel Ilmiah : E1B021027 a.n. PRADITA DWI ARIYANI
| NIM | E1B021027 |
|---|---|
| Namamhs | PRADITA DWI ARIYANI |
| Judul Artikel | Dilatoir Exception as a Result of the Absence of an Alternative Dispute Resolution Process in Environmental Dispute (Case Study of decision number 4376 K/Pdt/2023 jo decision number 217/PDT/G-LH/2023/PT DKI jo decision number 816/Pdt.G-LH/2021/PN Jkt Pst) |
| Abstrak (Bhs. Indonesia) | Dilatoir exception is a form of objection aimed at delaying or halting the examination process in court without addressing the merits of the case. One of the reasons for submitting a dilatoir exception is the failure to first resolve disputes through out-of-court mechanisms (premature). Decision Number 4376 K/Pdt/2023 rejected the cassation appeal filed by the Ministry of Environment and Forestry (KLHK) and upheld Decision Number 217/PDT.G-LH/2023/PT.DKI, which granted the dilatory exception raised by PT Agri Bumi Sentosa (PT ABS) and declared the KLHK’s lawsuit inadmissible (niet ontvankelijk verklaard). This study aims to examine the resolution of environmental disputes under Law Number 32 of 2009 and analyze the ratio decidendi of the judges in granting the dilatory exception in Decision Number 4376 K/Pdt/2023. The research adopts a normative juridical approach with a prescriptive research specification. The data used are secondary data collected through library research and presented in a narrative text format, analyzed qualitatively. The findings conclude that environmental dispute resolution under Article 84 of Law Number 32 of 2009 can be pursued either through out-of- court mechanisms such as negotiation, mediation, conciliation, arbitration, or through court proceedings by filing a lawsuit. The ratio decidendi of the judges in granting PT ABS's dilatory objection in Decision Number 4376 K/Pdt/2023, which upheld Decision Number 217/PDT.G-LH/2023/PT.DKI and overturned Decision Number 816/Pdt.G-LH/2021/PN Jkt.Pst, was based on the premise that KLHK's lawsuit was premature for failing to first pursue non-litigation resolution and viewing non-litigation resolution as a mandatory step. This decision is incorrect as it contradicts the voluntary principle stipulated in Article 84 of the Environmental Protection and Management Law (UUPPLH) and the principles of a swift, simple, and low-cost judiciary. Keywords: Dilatoir Exception, Environmental Dispute Resolution, Alternative Dispute Resolution. |
| Abtrak (Bhs. Inggris) | Dilatoir exception is a form of objection aimed at delaying or halting the examination process in court without addressing the merits of the case. One of the reasons for submitting a dilatoir exception is the failure to first resolve disputes through out-of-court mechanisms (premature). Decision Number 4376 K/Pdt/2023 rejected the cassation appeal filed by the Ministry of Environment and Forestry (KLHK) and upheld Decision Number 217/PDT.G-LH/2023/PT.DKI, which granted the dilatory exception raised by PT Agri Bumi Sentosa (PT ABS) and declared the KLHK’s lawsuit inadmissible (niet ontvankelijk verklaard). This study aims to examine the resolution of environmental disputes under Law Number 32 of 2009 and analyze the ratio decidendi of the judges in granting the dilatory exception in Decision Number 4376 K/Pdt/2023. The research adopts a normative juridical approach with a prescriptive research specification. The data used are secondary data collected through library research and presented in a narrative text format, analyzed qualitatively. The findings conclude that environmental dispute resolution under Article 84 of Law Number 32 of 2009 can be pursued either through out-of- court mechanisms such as negotiation, mediation, conciliation, arbitration, or through court proceedings by filing a lawsuit. The ratio decidendi of the judges in granting PT ABS's dilatory objection in Decision Number 4376 K/Pdt/2023, which upheld Decision Number 217/PDT.G-LH/2023/PT.DKI and overturned Decision Number 816/Pdt.G-LH/2021/PN Jkt.Pst, was based on the premise that KLHK's lawsuit was premature for failing to first pursue non-litigation resolution and viewing non-litigation resolution as a mandatory step. This decision is incorrect as it contradicts the voluntary principle stipulated in Article 84 of the Environmental Protection and Management Law (UUPPLH) and the principles of a swift, simple, and low-cost judiciary. Keywords: Dilatoir Exception, Environmental Dispute Resolution, Alternative Dispute Resolution. |
| Kata kunci | Dilatoir Exception, Environmental Disputes Resolution, Alternatif Dispute Resolution |
| Pembimbing 1 | Sanyoto, S.H.,M.Hum. |
| Pembimbing 2 | Dr. Rahadi Wasi Bintoro, S.H., M.H. |
| Pembimbing 3 | Dessi Perdani Yuris Puspita Sari, S.H., M.H. |
| Tahun | 2025 |
| Jumlah Halaman | 130 |
| Tgl. Entri | 2025-02-06 09:22:56.381792 |