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SANKSI ADMINISTRASI ATAS PELANGGARAN TERHADAP KEWAJIBAN REHABILITASI HUTAN BERDASARKAN ASAS CONTRARIUS ACTUS

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Penilaian

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Law Number 41 of 1999 concerning Forestry has mandated utilization permit holders to carry out all provisions regarding their obligations as permit holders. One of them is in articles 40 to 45 which require Rehabilitation and Reclamation. Further provisions regarding Forest Rehabilitation and Reclamation are regulated in Government Regulation Number 26 of 2020 concerning Forest Reclamation and Rehabilitation (PP RRH). The most striking difference with PP RRH 76 Year 2008 is the abolition of the provision of administrative sanctions for users of rights or permits who do not comply with the provisions of Forest Rehabilitation. In the old PP RRH, rights or permit holders who do not carry out Rehabilitation may be given a warning and/or permit cancellation. However, in the new PP RRH, the provision for administrative sanctions was abolished. So that if the right holder does not carry out Forest Rehabilitation, no administrative sanctions can be given if it is based on Government Regulation Number 26 of 2020. The abolition of the administrative penalty provisions in the new PP RRH provides an empty space and eliminates the legal footing for the actions of State Administration officials (TUN). ) in the enforcement of administrative law in the environmental sector, especially forest rehabilitation. In fact, when issuing a decision, the TUN official attaches the authority to revoke and review the decision based on the Contarius Actus principle. This principle must be embodied in concrete legal norms so that it can cover the reproach of omission by TUN officials and in order to guarantee legal certainty for all legal subjects involved in forest rehabilitation efforts. This study uses a normative juridical method that uses literature review/study in collecting materials.

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2107004624	T68213	T682132021	Central Library (Referens)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T682132021

Publisher

Inderalaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2021

Collation

x, 110 hlm.: ilus.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

345.030 7

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Pelaku Kejahatan
Prodi Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

SEPTA

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