Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Use of Sustainable Development Principles as a Verdict Consideration by Administrative Court Judges: A Case Study in Denpasar Administrative Court

Author(s): Francisca Romana Harjiyatni, Sunarya Raharja, Wisnu Sapto Nugroho

This paper seeks to describe the use of Sustainable Development Principles as the verdict consideration by the Administrative Court Judges. Based on a review of laws, regulations, and verdicts that specifically regulate administrative and environmental justice court, and contextualized with various literatures and court verdicts, the results of the study indicate that the principles of sustainable development are almost never used as the consideration by the administrative judges in resolving the environmental disputes. In the event of an environmental dispute that results in the resolution of a dispute to the administrative court, the principles should be used by the judges as the consideration in making a verdict, so that the judges' verdicts provide justice for both the environment and community. In reality, judges almost never use the principles of sustainability as the consideration for making verdicts. Judges' decisions tend to be formalistic and procedural, so that the verdicts cannot accommodate the interests of environmental sustainability. This is because the judges are too rigid in implementing the regulations; they tend to use the principles in laws governing administrative justice and tend to ignore laws governing the environment.

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