Law Reform, 20.
, 2024, 1-21 Master of Law.
Faculty of Law.
Universitas Diponegoro Research Article Environmental Damage: Community Lawsuit Against The Government Over Industrial Business Licenses Bachrul Amiq1*.
Syahrul Borman2.
Moh.
Taufik2 .
Renda Aranggraeni2 .
Pudji Astuti1.
Sukanya Aimim-Tham3.
Aminah4 1Faculty of Social and Law.
Universitas Negeri Surabaya.
Indonesia 2Faculty of Law.
Universitas Dr.
Soetomo.
Indonesia 3Department of Public Administration.
Khon Kaen University.
Thailand 4Faculty of Law.
Universitas Diponegoro.
Indonesia *bachrulamiq@unesa.
ABSTRACT
Legal policies causing environmental damage raise questions about legal standing to file lawsuits with the State Administrative Court and its authority over business license disputes.
This study examines the challenges and opportunities in implementing the authority of the state administrative court as a form of law enforcement on business licenses that impact environmental damage.
This study uses the qualitative method NVivo12 Plus 12 by analyzing legal rules, journals, and online print media such as com and kompas.
The research focuses on the approach of laws and regulations related to the environment and case studies based on Supreme Court decisions.
The Administrative Court plays a role in receiving claims against government actions that harm citizens.
One of them is the authority to adjudicate disputes over government actions related to environmental disputes.
Community participation is essential to create a healthy environment and is used not only as a means to an end but also as an end.
The right to a healthy climate encompasses the right to receive environmental information, participate in decision-making, and review challenging public decisions within the scope of access to justice.
Keywords: Sustainable Development.
Good Governance.
Administrative Law.
Environmental Damage.
Administrative Courts.
INTRODUCTION
losses (Jassal, 2.
On the other hand, several This research emphasizes the crucial role things need to be considered regarding .
of communities in environmental management, conformity with the level of risk, .
conformity highlighting the potential for environmental degradation due to conflicts between economic announcement and consultation for directly and rapid development interests (Li.
Fei, & Fei, affected communities (Etty et al, 2.
The authority to enforce the law due to As a regulator, the government uses business licenses that impact environmental permits as a juridical means to control people's damage in Indonesia, often in the legal behavior, especially those engaged in industry, consideration of the examination of lawsuits by aiming to allow people who apply for them to the community, causes material and immaterial carry out specific prohibited actions (Ali et al.
Law Reform, 20.
, 2024, 1-21 Master of Law.
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Universitas Diponegoro However, business licenses are relevantly resolution (Stacey, 2.
The Administrative granted to reduce the destructive power of Court can protect the community and environment industry, inefficient licensing procedures, and non- from adverse impacts caused by licenses that do flexible management standards that can increase not consider ecological aspects (Perraudeau, (White.
Following Figure 1.
Percentage of marine ecosystem pollution debris data principle of legality, government actions must be administrative decisions (Barnes.
Dharmananda, & Moran, 2.
The causes of environmental damage are natural and human factors.
one of the human factors is due to industrial activities that can cause maritime damage (Rizvi et al, 2.
Source: (Dihni, 2.
Moreover, if the business license granted by the The complexity of the main opposition in (Molavi, 2.
to prevent environmental damage, this research is community participation in Law No.
32/2009 on Environmental Protection environmental management due to legal policies and Management (Perlindungan dan Pengelolaan in the form of business licenses that cause Lingkungan Hidup/UUPPLH) adopts the principles ecological damage, thus limiting the capacity of contained in the 1992 Rio Declaration, such as community access to justice (Molavi, 2.
the other hand, if the community is not involved in participation, and polluter pays (Jankovic, 2.
the environmental control process, especially the The Administrative Court (PTUN) has the issuance of business licenses, it will be authority to review government policies related to procedurally invalid (Perraudeau, 2.
The environmentally damaging business licenses, principles of sustainable and environmentally overturn decisions if not adequately protected, sound development can be applied well if the and test license validity (Prendergast, 2.
If a analysis is carried out at the early stages of permit violates ecological laws, the PTUN planning the development process concerning cancelled (Lo, 2.
It also handles dispute environmental management (Kulovesi.
Mehling, & resolution, enforces environmental regulations.
Morgera, 2.
and provides community and environmental Oceanographic Center of the Indonesian protection through examination and dispute Navy, pollution in Indonesian seas is substantial because it is dominated by plastic waste, followed Law Reform, 20.
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Universitas Diponegoro by metal, glass, and ceramic waste (Lasut, 2.
subjects and several communities related to The emergency handling of plastic waste in the environmental pollution by analyzing Supreme sea requires the community's active role in urging Court decisions in industrial business licenses the government to enforce laws, such as that impact environmental damage based on a monitoring industrial activities after the issuance legal perspective (Purnomo et al, 2021.
of business licenses (Braumann, 2.
Based on The environmental damage that occurs Figure 1, the percentage level of the weight of raises a big question mark regarding who has waste in Indonesia's oceans due to industrial legal standing to file a lawsuit to the State destructive power that makes the marine Administrative Court .
eradilan tata usaha ecosystem become bad (Holm, 2023.
Roisah et negara/PTUN) (Etty et al, 2.
, and how the al, 2.
authority of the State Administrative Court over Environmental disputes arising from the issuance of business industrial activities is oil waste spills at sea, which licenses has an impact on environmental damage cannot be considered a simple problem because (Jassal, 2.
Because of this, government it involves many legal subjects (White, 2.
The policies other than mitigation, namely through community's active role in managing a healthy laws and regulations to protect natural resources, environment, based on Article 67 of the UUPPLH, is that everyone is obliged to control pollution or environmental management and protection (Katz, environmental damage (Molavi, 2.
Therefore, & Zamir, 2.
this research focuses on the Supreme Court's Community participation in the right to sue decision review system regarding industrial for business licenses causing environmental activity business licenses that can cause damage often faces obstacles such as limited environmental damage (Verbruggen, 2.
access to information, limited resources, threats Indicators of the legality of administrative or intimidation, and a weak judicial system decision-making in the process of issuing (Becker-Weinberg, 2.
Conflict Theory in the business licenses for companies are that they Sociology of Law can help analyze these barriers must have sufficient authority (Snow, 2.
, both by highlighting how societal power and inequality material time or place, and based on procedures affect access to justice and the legal system regulated in laws and regulations, as well as (Ivinson, & Renold, 2.
These barriers can be compliance with the General Principles of Good Governance .
sas umum pemerintahan yang economic interests and environmental protection, baik/AUPB) (Jankovic, 2.
Furthermore, this unequal resource access, and political power.
research examines the network of local legal Understanding these factors can help improve Law Reform, 20.
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Universitas Diponegoro legal participation in environmentally damaging threat to biodiversity and livelihoods (Hendlin et business activities (Joos, 2.
al, 2.
Based on this, this research will elaborate Furthermore, the role of law in overcoming on the provisions of UUPPLH and case studies of environmental damage is crucial as a regulation environmental damage due to business licenses of environmental problems that has the basic by analyzing the Supreme Court's decision (Nagheeby, 2.
Thus, it can be used as a (Hackmann, 2.
In Indonesia, environmentally reference in the future by the parties, especially sustainable development is defined as a individuals, communities, and environmental conscious and planned effort that integrates the organizations who file a lawsuit over the impact of environment as a development process to ensure environmental pollution due to the existence of a the ability, welfare, and quality of life of future business permit for industrial activities (Snow, generations (Horsch et al, 2.
This research Based on the explanation, there is a need looks at the role of communities in class actions in for public control and transparency as a Indonesia due to industrial activities that impact preventive measure or mitigation of catastrophic environmental damage (Kotzy, 2.
environmental damage that occurs due to When a policy in its implementation is industrial activities (Douglass, & Manney, 2.
misaligned, it is necessary to have the Law participation of the community or environmental Enforcement Environmental Damage organizations to create a legal umbrella for In recent years, environmental issues such as seawater pollution from factory effluents and sustainable development (Wu, 2.
To realize plastic pollution have increased pressure on the the preservation and development of the sectoral and siloed approaches used by various beneficial value of biodiversity in a sustainable parties in the interest of profitability (Morath, manner (Younus et al, 2.
It is necessary to The Climate Sustainability Group's seven manage and prepare biological conservation priority issues address a wide range of planning in an integrated, comprehensive, degradation: land degradation, biodiversity loss, effective, and participatory way and involve all marine litter, water management, sustainable this is only possible with the role of consumption and resource efficiency, sustainable the government through policies and regulations finance, and ocean protection (Nagheeby, 2.
(Elliott, 2020.
Nagheeby, 2.
Global environmental issues are global warming The and the damage of corporate chemical runoff to protection in Indonesia, especially related to marine ecosystems, which pose a significant environmental damage, can be through class Law Reform, 20.
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It explores the harmed by environmental damage can file a claim effectiveness of the judicial system in handling for rights (Petersmann, 2.
Considering that ecological claims and the challenges communities the most significant part of Environmental Law is face in obtaining justice (Illahi.
Gusri, & Sugianto.
Administrative The research's novelty lies in its focus on environmental disputes that are harmed by a community lawsuits against the government over business license in the environmental sector industrial business licenses, which directly links (Molavi, 2.
, is based on Law Number 5 of individual actions to environmental and social 1986 concerning State Administrative Justice justice issues (Putri, 2.
Environmental Law, .
eradilan tata usaha negara/UUPTUN).
A lawsuit Applying the principle of erga omnes or to the State Administrative Court regarding the legal acts applies to every individual, person, or demand that the business license be declared null or invalid so that the court's decision immediately Dharmananda, & Moran, 2.
Therefore, the stops environmental pollution due to industrial existence of a class action lawsuit becomes the authority of the Administrative Court with the environmental damage (Li.
Fei, & Fei, 2.
(Barnes, arguments of the "Erga Omnes" principle and the Environmental problems have resulted in "Ius Coria Novit" principle based on Article 10 global and transnational effects, which can lead to paragraph .
of the Judicial Power Law, that environmental damage, and the impact spreads judges are prohibited from refusing to examine beyond borders (Nagheeby, 2.
Environmental and also hear incoming lawsuits for reasons of issues arise due to the interaction of industrial lack or absence of legal basis (Illahi.
Gusri, & activities with the existence of natural resources Sugianto, 2.
The judge's belief and paradigm (Drakel, 2.
The greater the amount and will also determine the continuation of this class intensity of exploitation of nature, the impact on action lawsuit since the preparatory examination environmental quality degradation tends to stage at the State Administrative Court (Jimynez, increase (Horsch et al, 2.
Therefore, law and public participation in class action lawsuits is The Position of Class Action Lawsuits as crucial to stop environmental damage.
The "Environmental an Environmental Law Enforcement Tool Damage:
Industrial activities, in practice, require a Community Lawsuits against the Government the initiator of the action must have a over Industrial Business Licenses" highlights the business license (Holm, 2.
The government role of communities in environmental protection is authorized to provide regulatory aspects Law Reform, 20.
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Universitas Diponegoro through decisions.
This decision is called a permit by allowing the public to file class action lawsuits (McMahon, 2.
, a "Business Permit" that, (Elliott, 2.
based on Article 40 of the UUPPLH, emphasizes Supreme Court Regulation Number 1 of that every business activity that has an impact on the environment must have a business permit, .
eraturan mahkamah agung / PERMA Class which has changed its nomenclature and Actio.
was development of class action lawsuits.
This "Environmental Approval" either from the central provision contains lawsuit rules with different government or local government (Illahi.
Gusri, & Sugianto, 2.
(Jimynez, 2.
In a class action lawsuit, class Job Creation Law Class Action Lawsuits issued in response to Control over the granting of business representatives do not need a power of attorney licenses can not only be carried out by individuals from the class members, as the class action does and environmental organizations (Roy, 2.
, but not involve damages or monetary claims.
Still, more broadly, the UUPLH, in Article 91, provides only filing a declaratory demand lawsuit, as public a door for the community to control licensing notice is not necessary (Snow, 2.
The right to through the state administrative court by way of class action lawsuits provides access to justice to community lawsuits or class actions (Barnes, the public in resolving disputes through the courts Dharmananda, (Wu, 2.
Moran.
The representative suit symbolizes the progress of One of the solutions to environmental disputes is through the courts (Rofingi.
Rozah, & recognition of the impact of environmental Asga.
Settlement damage (White, 2.
In environmental damage disputes through the court is based on Article 87 cases, the victims are always huge in number paragraph .
of UUPPLH in conjunction with (Jimynez, 2.
Article 1365 of the Civil Code on Compensation People affected by environmental damage for Unlawful Acts (Lestari, & Djanggih, 2019.
Aju, due to industrial activities can file a lawsuit Class Action lawsuits are important in individually (Snow, 2.
, but the process will be cases of environmental damage that involve very long and costly.
And what happens is that losses to a group of people (Alhayyan, & Leviza.
Article 5 paragraph .
of the Judicial Power Law The public can sue or be sued as a party will not be achieved (Parlina, 2.
Meanwhile, who gets power of attorney on behalf of various the UUPPLH.
Consumer Protection.
Construction parties by fulfilling the requirements of a class Services.
Forestry.
Waste Management, and action lawsuit.
The fact that in environmental Water Resources Law provide new opportunities issues, environmental damage affects many Law Reform, 20.
, 2024, 1-21 Master of Law.
Faculty of Law.
Universitas Diponegoro people, not just one or two individuals, is an qualitative research methods as an analysis important factor (Molavi, 2.
method (Wu, 2.
The study employs a This research explores environmental normative approach by analyzing secondary data on environmental cases published by the government for industrial business licenses, highlighting the importance of community lawsuits Table 1.
Supreme Court Decisions on Class Action for Environmental Damage against the government for damaging ecosystems Name (Arliman S, 2018.
Muthmainnah.
Wahyu, & Lestari, 2.
Supreme Court Decision Number 1927 K/Pid.
Sus-LH/2023 Supreme Court Decision Number 94 K/Pid.
Sus-LH/2023 Supreme Court Decision Number 92 K/Pid.
Sus-LH/2023 Supreme Court Decision Number 247 K/Pid.
B-LH/2021
Supreme Court Decision Number 70 K/Pid.
Sus-LH/2021 Supreme Court Decision Number 2919 K/Pid.
Sus-LH/2020 Supreme Court Decision Number 1932 K/Pid.
Sus-LH/2016 Supreme Court Decision Number 1274 K/Pid/2016 Supreme Court Decision Number 129 K/Pid/2016 This research also draws on contemporary cases where communities or environmental organizations sued the government for industrial business licenses (Risqi, 2.
It provides concrete examples of how legal struggles can develop and impact government policies (Zhao.
On the other hand, by identifying problems, recommendations to address environmental Source: https://w.
id/id damage caused by industrial business licenses Supreme Court of the Republic of Indonesia (Faure.
These include (Table .
The use of NVivo 12 plus software aims suggestions for improved regulation, more to map and explore the network of actors on the sustainable business practices, or efforts to legal standing of filing a class action lawsuit to the strengthen community participation in decision- PTUN, as stated in the documents issued by the making (Choudhury, 2019.
Zhao, 2021.
Supreme Court of the Republic of Indonesia.
Partain, which are further supported and complemented RESEARCH METHODS by online media.
Based on the legal perspective on the legal The purpose of objectivity in improving the standing of filing a lawsuit with the State quality of analysis is to re-examine comparative Administrative Court (Jimynez, 2.
, nine data with news in the media (Jimynez, 2.
The Supreme Court decisions that discuss this matter media is a confirmation technique for data were reviewed.
In addition, the characteristics of obtained from Supreme Court decisions.
The the research problem are a motivation to apply Law Reform, 20.
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For the results of the analysis, com from 2018-2023.
Then, nine crosstab tools were used to obtain the value of online news articles were collected and analyzed the network of actors who can file a class action based on keywords related to environmental lawsuit to the PTUN due to the impact of damage cases (Heyvaert, 2.
Online news environmental damage from industrial activities articles corroborated or confirmed arguments in (Horsch et al, 2.
Furthermore, a word cloud is Supreme used in the analysis that considers the Court environmental issues (De Souza et al, 2.
relationship of several actor networks based on NCapture collected data from three online the correlation value to obtain the content of the news sites (Lasut, 2.
In addition.
Nvivo 12 decision from the Supreme Court (Purnomo et al.
Plus has robust reporting capabilities and explores news information regarding community participation in environmental damage.
Data
RESULTS AND DISCUSSION
collection was analyzed with the help of NVivo A good and healthy environment is the (Khairunnisa et al, 2.
human right of every Indonesian citizen, as Figure 2.
The analysis process Source.
Addopted by (Khairunnisa et al, 2.
mandated in Article 28H paragraph .
of the 1945 Constitution (Purnomo et al, 2021.
Government, organizations are responsible for protecting and managing the environment (Witney, 2.
The steps shown in Figure 2 were used as Environmental management based on good follows: The first step in the analysis was to governance (Elliott, 2.
will avoid or reduce import nine Supreme Court decisions and several online news articles (Adrian et al, 2.
The development (Nagheeby, 2.
second step was coding information related to the The supervisory space is part of the schema codes of the Supreme Court decisions community's responsibility in managing the and some online news articles.
environment (Braaksma, & de Graaf, 2.
Furthermore, the third step was analyzed Supervision is part of preventive administrative using word clouds and crosstabs to identify the law enforcement that involves the community legal standing of the lawsuit to the PTUN based (White, 2.
In connection with that, legal on the correlation with the activity scheme code instruments should be able to overhaul the legal (White, 2.
The fourth step is to create an actor-network map to describe the details of three management with sustainable insights (Drakel, actor networks with legal standing to file a lawsuit Law Reform, 20.
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Network of actors who can file a class action lawsuit environment bears its rights and is not merely an instrumental part of human rights (Holm, 2.
Figure 3.
Word cloud results based on environmental case decisions Source.
Data processing by.
Nvivo 12, .
Figure 4 shows the correlation of several The correlation held by the actors, identified as the government, has a lower value than the main actors with the legal standing to the PTUN (Morath, 2.
Correlation between actors determines who can file a class action lawsuit Source.
Data processing by.
Nvivo 12, .
The results of the Supreme Court decision Table 2.
Detailed network of actor participation in environmental management data, harmonized and confirmed with the word cloud in Figure 2, show three dominant words regarding environmental damage due to industrial (Holm.
Based Centr Gove environmental case decisions issued by the Supreme Court.
Most business license cases that resulted in environmental damage (Mongar, 2.
, were generally understood to result from Citiz industrial activities (Purnomo et al, 2021.
However, there is an exciting result where the Com Local Gove words "environment," "lawsuit," and "verdict" are the main words .
, which means that the environment affected by damage due to industrial activities determines the object of a lawsuit that NGO results in a verdict (Hackmann, 2.
Activist' Citizens' Inw Attit Outw Attitu Subj Nor 10,37% 12,08% 9,77 28,89% 29,53% 29,32 27,41% 26,17% 29,32 8,89% 10,74% 9,77 24,44% 21,48% Source.
Data processing by.
Nvivo 12, .
Law Reform, 20.
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Universitas Diponegoro (Rofingi.
Rozah, & Asga, 2.
Figure 3.
Table 1 to the awareness of good and healthy shows the role of the main actors in damage due to industrial activities does not have community, which has a percentage of behavioral to wait for losses but is based on environmental control of 29.
53%, meaning that the community sustainability (Alhayyan, & Leviza, 2.
files more class action lawsuits due to The state must recognize the importance of environmental damage caused by industrial protecting nature without exception (Mongar.
To preserve the environment, the Table 2 details the actor's participation government provides justice to the community for network in environmental management.
The inward attitude possessed by the government is justice to the community for the involvement in very high, especially focusing on the outward environmental management (Kadir, & Murray, attitude, with a total of 9.
The government This participatory concept can be participation percentage is deficient compared to "exported" to neighboring countries even after the community, with a percentage data of 29.
being tested domestically (Warsono et al, 2.
The percentage means that participation is The government has the authority to grant carried out by the community in environmental business licenses for the development of activities due to industrial activities (Zhao, 2021.
, industrial activities, which are certainly related to community involvement to achieve optimization of economic aspects and does not have the supervision so that supervision will become more potential to damage the environment in the future effective, efficient, and optimal (Heyvaert, 2.
(Purnomo et al, 2021.
Community's Right to Sue for Business Every business or activity impacting the License Impacting Environmental Damage environment must have an AMDAL.
UKL-UPL, or The debate among the judiciary is on the SPPL (Illahi.
Gusri.
Sugianto, issue of who has legal standing to file a lawsuit Environmental permits that have been delegated with the Administrative Court (Rofingi.
Rozah, & to BKPM are only formal procedures.
Business Asga, 2.
From the data collected based on licenses are fundamental and the primary key to the Supreme Court's decision, it becomes a ensuring development at the implementation level parameter that the network of actors who can file is safe and can be controlled for environmental a lawsuit at the Administrative Court is individuals, impact (Heyvaert, 2.
Determining whether or communities, and environmental organizations not a business plan or activity has an important (NurAoAlam.
Maharqani, & Maretha M, 2.
Due impact on the environment, this regulation uses Law Reform, 20.
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Universitas Diponegoro the level of business risk to determine the type of suffer losses due to environmental damage business license that must be owned by business caused by industrial activities (Zhao, 2021.
actors (Mongar, 2.
Article 70, paragraph .
letter d of A permit is a preventive juridical instrument UUPPLH states that one of the roles of the (Douglass, & Manney, 2.
because it cannot be community in environmental protection and separated from the orders and obligations that management is carried out by social supervision must be obeyed by the permit holder (Zhao, (Illahi.
Gusri, & Sugianto, 2.
Meanwhile, the Then, permits also function as repressive.
right to sue environmental organizations in Article due to the human activity inherent in the licensing 92 paragraph .
of the UUPPLH is limited by basis, permits can be used to protect the stating certain conditions so that only some The initiator of activities that cause organizations can apply for legal standing if the environmental damage cannot apply for a conditions are met (Nagheeby, 2.
Article 92, business license if it does not have an paragraph .
provides criteria that environmental environmental permit (Alhayyan, & Leviza, 2.
organizations must meet as legal standing to the An industrial activity that obtains a license for Administrative Court.
The requirements, namely, a environmental management is intended to be legal entity oriented towards environmental automatically charged with the obligation to conservation (Elliott, 2.
, and has carried out mitigate environmental damage arising from actual activities following its articles of association industrial activities (Elliott, 2.
for at least 2 .
Given the increasingly massive ecological The Authority of the State Administrative damage due to the threat of industrial activities Court (PTUN) Regarding Environmental through licensing in one sector and other sectors.
Cases the Judiciary has not been able to see The settlement of environmental disputes environmental crime cases as extraordinary by filing a civil lawsuit through the Court (Triana et crimes (Warsono et al, 2.
The public has the al, 2.
, due to certain activities that have the same rights and opportunities to play an active potential to damage the environment as referred role regarding environmental protection and to in Article 1 number 25 of the UUPPLH, gives management within the framework of legal legal standing to individuals, communities and instruments (Katz, & Zamir, 2.
Therefore, environmental organizations (Nagheeby, 2.
based on Article 91 of the UUPPLH, the public The legal standing system often needs to be has the right to file a class action lawsuit for their clarified with class action, even though the two interests or the benefit of the community if they have very different essences (Morath, 2.
In a class action lawsuit, the network of actors who file Law Reform, 20.
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Prasetyo, & Park, environmental damage due to industrial activities On the other hand, government actions (Braumann, 2.
that harm the community due to business licenses Environmental dispute resolution through issued by the government can be filed through the class action and legal standing can solve PTUN based on unlawful acts by public officials ecological damage (Triana et al, 2.
However, (Warsono et al, 2.
these methods can raise issues such as Based on the government administration unrepresentative representation, power of the regime, the provisions regarding the right of opposing party, defined class criteria, and legal liability against environmental permits are not standing requirements.
Class action may not excluded as a state administrative object against reflect the true interests of the entire group, while state administrative decisions that only apply the legal standing requires demonstrating a strong principle of presumtio justae causa, in its interest in the matter (Risqi, 2.
Costs and implementation can be delayed if it can create resources are significant, with environmental environmental damage (Alhayyan, & Leviza, organizations having more resources.
Legal For example.
Thailand and India, which limitations also apply to each jurisdiction.
minimize these problems, ecological communities environmental law jurisdictions, such as the and organizations should prepare thoroughly, special environmental division of the First Level Administrative Court and the Supreme Court of financial backing, and ensuring solid legal Thailand, have the authority to hear administrative arguments supported by sufficient evidence cases related to environmental issues (Heyvaert, (Elliott, 2.
Related to administrative disputes related disputes.
PTUN not only provides legal protection to the environment in Thailand and the to the injured party as a seeker of justice but also competence of judges who are knowledgeable in provides legal protection to the environment that the field of environmental law, special procedures suffers damage due to the issuance of KTUN to are regulated related to dispute resolution whose carry out activities that can endanger the object is environmental matters (Etty et al, 2.
There are two types of liability namely with the issuance of the Recommendation systems due to the establishment of PTUN's of the President of the Supreme Administrative authority as described in the PTUN Law (Lestari.
Court on Administrative Court Procedure Relating & Djanggih, 2.
PTUN plays a role in to Environmental Issues (Jassal, 2.
The accepting lawsuits against government actions Recommendation of the President of the Law Reform, 20.
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Universitas Diponegoro Supreme Administrative Court is a practical and accountability mechanisms are essential to ensure justice and environmental protection administrative courts to use recommendations as (Illahi.
Gusri, & Sugianto, 2.
guidelines in administrative cases relating to the The environment (Agustiyara.
Purnomo, & Ramdani, environmental damage due to industrial activities Utama et al, 2.
to resolve environmental disputes (Elliott, 2.
There are 2 .
roles of PTUN judges in through Law Number 30 of 2014 concerning dispute resolution, according to Alec Stone Sweet Government Administration and PERMA Number & Giacinto della Cananea .
, namely, 2 of 2019, the State Administrative Court is Bridging the Gap Between Law and Society.
The role of judges is to understand the purpose of law government actions (Alhayyan, & Leviza, 2.
in society and help achieve its goals (Rofingi.
Meanwhile, concerning environmental disputes.
Rozah, & Asga, 2.
Second.
Protecting The the PTUN can resolve environmental disputes Constitution and Democracy, protecting the through factual action lawsuits filed by the public constitution and democracy.
Judicial protection in democracy in general and human rights in government, which is reluctant to impose particular is characteristic of most developing sanctions on perpetrators of environmental democracies (Jimynez, 2.
Judges play a damage (Purnomo et al, 2021.
crucial role in environmental disputes, ensuring In enforcing environmental regulations, justice, upholding the law, and protecting preventive and repressive administrative law communities and the environment.
They enforce efforts can be made (Rizvi et al, 2.
, applied to environmental laws, weigh common interests, and activities that violate licensing requirements provide justice for all parties.
Conflict theory in the (Petersmann, 2.
Meanwhile, in testing sociology of law highlights conflicts of interest environmental disputes in practice, several environmental organizations (Rizvi et al, 2.
environmental protection (Horsch et al, 2.
Judges must consider these dynamics to make Therefore, with complete confidence, judges fair decisions.
Understanding the importance of make decisions and create norms as a legal participation can lead to more thorough and pro- sociologically, and juridically established legal environmental choices.
However, judges are interpretations to achieve truth and justice in influenced by personal values, political views, and protecting environmental sustainability (Warsono pressure from various parties, so strong oversight et al, 2.
Law Reform, 20.
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Master of Law.
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CONCLUSION
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