ARIYANI, Pradita Dwi (2025) Dilatoir Exception As A Result Of The Absence Of An Alternative Disputes Resolution Process In Environmental Disputes (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). Skripsi thesis, Universitas Jenderal Soedirman.

	PDF (Cover) COVER_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Download (66kB)
	PDF (LEGALITAS) LEGALITAS_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Restricted to Repository staff only Download (682kB)
	PDF (Abstrak) ABSTRAK_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Download (265kB)
	PDF (BabI) BAB I_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Restricted to Repository staff only until 20 February 2026. Download (823kB)
	PDF (BabII) BAB II_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Restricted to Repository staff only until 20 February 2026. Download (368kB)
	PDF (BabIII) BAB III_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Restricted to Repository staff only until 20 February 2026. Download (277kB)
	PDF (BabIV) BAB IV_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Restricted to Repository staff only Download (552kB)
	PDF (BabV) BAB V_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Download (264kB)
	PDF (Daftar Pustaka) DAFTAR PUSTAKA_Pradita Dwi Ariyani_E1B021027_Skripsi_2025.pdf Download (279kB)

Abstract

Dilatoir exception is a form of exception which aims to delay or stop the process of examining a case in court, without touching on the subject matter of the case. One of the reasons for raising an exception dilator is not carrying out dispute resolution outside of court first (premature). Decision No 4376 K/Pdt/2023 rejects the cassation request from the Ministry of Environment and Forestry (KLHK) and strengthens Decision Number 217/PDT.G-LH/2023/PT.DKI which in its ruling grants the exception dilator from PT Agri Bumi Sentosa (PT ABS) and stated that the KLHK lawsuit was unacceptable (not declared unacceptable). This research aims to determine the resolution of environmental disputes according to Law Number 32 of 2009 and find out reason for falling judge in granting the exception dilator in Decision Number 4376 K/Pdt/2023. This research is normative juridical research with prescriptive research specifications, with secondary data sources using the method of collecting legal materials from literature studies which are presented in the form of narrative text and then analyzed using qualitative methods. The results of this research can be concluded that environmental dispute resolution based on Article 84 of Law Number 32 of 2009 can be achieved through dispute resolution outside of court in the form of negotiation, mediation, conciliation, arbitration or dispute resolution through court by filing a lawsuit. Reason for falling judge in granting the exception dilator PT ABS in Decision Number 4376 K/Pdt/2023 which strengthens Decision Number 217/PDT.G-LH/2023/PT.DKI which cancels Decision Number 816/Pdt.G-LH/2021/PN Jkt.Pst, which states the KLHK lawsuit premature because not pursuing non litigation settlement first and viewing non-litigation settlement as a stage is not appropriate. This decision is contrary to the voluntary principle regulated in Article 84 UUPPLH and the principle of fast, simple, low-cost justice.

Actions (login required)

View Item