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| Jenis | : |
KKM
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| Judul | : |
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)
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| Subjek | : |
Environmental law
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| Pengarang | : |
Pradita Dwi Ariyani
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| Pembimbing | : |
Sanyoto,
Rahadi Wasi Bintoro
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| Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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| Tahun | : |
2025
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| Call Number | : |
344.046 ARI d
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
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.
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