Teori Legal Standing
Before discussing the term legal status in modern times, there is nothing wrong with examining the meaning of this term based on its history. To be known, this term appeared for the first time in the courts that existed in America. “The right of a party to assert legal claims or to seek judicial enforcement of an obligation or right” On the conditions of standing with respect to environmental law in Indonesia, namely: Based on this statement, standing is considered very important for streamlining the functioning of legal institutions. As is well known, the authorized institution still receives reports of violations on a daily basis. Finally, Law No. 8, Article 46 of 1999 on Consumer Protection. In addition to the logical reasons, there are several other conditions that must be met for people`s claims to be legally valid. In the Environmental Protection and Management Act No. 32 of 2009 (PPLH Act), the legal basis of the party seeking standing is as follows: In the lawsuit, WALHI considers that the defendants are responsible for the natural disaster. Above all, the accused did not try to prevent the disaster, in which 167 people lost their lives.
The environment is an important element for the life of living beings that must be preserved. Of course, when the environment is damaged or polluted, there are effects that other living things feel. In addition, the perpetrators of environmental destruction should be punished in order to feel the deterrent effect and not want to repeat themselves. One of the most important things that can be used to prosecute the offender is legal status. Here is the full explanation. Then, the applicant is required to pay a certain amount of procedural money for the continuation of the procedure. If standing is filed with a lawyer, such as a lawyer, a power of attorney is required. Claims include, for example, public needs and interests, disclosure of truth to the public, consumer protection, civil or political rights.
In substance, regulations on legal status are regulated in the Indonesian constitution as one of the foundations of the Indonesian state. Legal parties act on the basis of the interests of the general public due to violations of public rights such as civil rights, environmental rights, consumer protection and political rights. The filing of a complaint must be in writing and addressed to the President of the State Court in the defendant`s jurisdiction. The claim is then registered with the Registrar (PN) to obtain a file registration number. The applicant must deposit a sum of money. If a power of attorney is granted to a lawyer or person, it must be accompanied by a power of attorney representing the applicant`s interests in court. Following on from the previous discussion, here are some examples of cases which occur frequently in the Community and which may be referred to the judicial institutions. In addition, examples of the application of the notion of ius standi or anterior locus standi can also be found in the following cases. One of them is Burs Advocates, which has handled various client cases at best. This is information about the locus standi that should be known to the public. Since a court trial is no joke, choose the most appropriate lawyer to be the best companion in your case! In addition, a claim must be registered with the clerk of the district court in order to obtain a registration number in order to obtain legal status. In addition, the registration process must also be accompanied by evidence confirming the report submitted.
The right to sue environmental organisations or NGOs is limited by Article 92(1). This means that only NGOs committed to the environment can be prosecuted. In addition, Article 92(3) of the PPLH Act sets out the criteria for NGOs to take legal action before the courts. The article reads in part: Certain parties who may apply for standing to bring an action are also provided for by law. The parties concerned include natural persons or persons who have suffered similar losses and legal persons governed by civil law. A legal person is an entity of non-public institutions such as private companies, organizations or associations of the general public. A lawsuit can be brought by a representative with a qualified condition, that is, the loss is suffered by a person and is not a derivative matter. Therefore, the legal entity will determine which ones are most in need of measures based on the basic rules of the state. If you need help filing this lawsuit, you can contact an experienced legal department. The Indonesian Environment Organization (WALHI) filed a lawsuit in August 2004 over a natural disaster in Bahorok, North Sumatra. The lawsuit was filed against a number of parties, including President Megawati, through the Medan District Court.
Literally, legal status is derived from the common law legal system. The definition is simply called the right of action or legal status, which is known, among other things, in environmental law. Locus standi is also known as ius standi or locus standi or locus standi. Standing is the right that a legal institution gives to a company, whether an individual or a group of people, to take legal action. The defendants in question may belong to different classes and are not limited by anything, including status to position. Suitability is not a term that is frequently used on a daily basis or that should be known to the wider community. However, if someone is involved or involved in the scope of the law, this term should be better known and understood. The legal position arose because of the relationship of natural law or human law between human beings and humans to nature. The party entitled to bring an action may be an individual or a group of persons or entities. The power of attorney explains and represents the interests of the applicant before the approved legal institution, i.e.
the court. In the following procedure, the Registrar examines the complete report with the evidence presented. One of them is described in the Criminal Code, item 1, article 24. This means that a report is a communication from a person with a right under the law. In addition, an action in a State administrative dispute must have an interest in loss, which is a personal interest suffered or harmed directly by the issuance of a non-derived administrative order. Standing can be invoked because the principles of environmental law in Indonesia correspond to the concept of treaty litigation. When treaty rights are related to people`s lives or public interest law. In this case, an individual, group of persons or organization may act as a party to the plaintiff in court, even if it has no direct legal interest. The locus locus standi is essentially a circumstance in which a person or party is considered qualified and therefore has the right to seek resolution of a dispute or case. In the Indonesian legal system, the legal status of each party has been restricted in laws and regulations.