The implementation of the function of State Administrative Tribunal (PTUN) in giving legal protection to litigants substantive and procedural justice aspects.
The Tribunal has not accommodated the interests of society and forest sustainability in line with the characteristics of the object in dispute, namely forest use permits. The barriers in the service of the Tribunal in carrying out its function has made it unable to give optimum legal protection to the litigants related to permits for forest use.
"Those barriers are legislations, discordance between legislations, legal enactment or legal institutionalisation,” said Fransisca Romana Hariyatni, S.H., M.Hum, at Faculty of Law Universitas Gadjah Mada on Thursday (7/1).
The law lecturer from Universitas Janabadra, Yogyakarta, mentioned this issue during her open doctoral programme in Law at UGM with promoter, Prof. Dr. Muchsan, S.H and co-promoter Prof. Dr. Nurhasan Ismail, S.H., M.Si, defending her dissertation titled Function of State Administrative Tribunal in Giving Legal Protection to Litigants (Study on the Testing of Permits for Forest Use).
According to Fransisca, those barriers emerged due to the fact that the theory of controlling has been very narrowly understood. The Tribunal only controls the case regardless of activities to give corrections which result from the controlling function.
"Such narrow understanding of the controlling function is reflected in the regulation on the functions of the State Adminstrative Tribunal and its verdicts,” she said.
Therefore, according to Fransisca, legal measures were needed to improve the function of the Tribunal in order that they can give legal protection to litigants in terms of disputes related to permits for forest use. Thus, the legal measures have to be based on the barriers that have disabled the Tribunal from giving optimum legal protection.
Furthermore, said Fransisca, to renew the function of the Tribunal should be based on the justice theory mandated in Pancasila, the Pancasila philosophy also needs to strengthen dispute settlements related to permits for use so that the Tribunal can give optimum legal protection to litigants as well the people living around forests, in addition to forest sustainability.