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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-8 | Issue-10 | 253-260
Review Article
Reconstruction of Citizen Lawsuits in Indonesia in Realising Justice
Galang Syafta Arsitama, Dr. M. Fakih, Dr. Fransiscus Xaverius Sumarja
Published : Oct. 13, 2025
DOI : https://doi.org/10.36348/sijlcj.2025.v08i10.003
Abstract
Legal issues, particularly those related to the protection of citizens' rights, are addressed through the mechanism of citizen lawsuits (CLS). Until now, citizen lawsuits have only covered the environment, but there are several other sectors that have not been accommodated in the regulations on citizen lawsuits. This has led to legal uncertainty and inconsistency in court rulings on citizen lawsuits. This study uses normative legal research with a normative juridical approach based on the post-positivism paradigm. The results of this study explain that the characteristics of civil lawsuits are as follows: Basis of the lawsuit: public interest; Subject: the plaintiff is a citizen; Defendant: the government or private parties carrying out governmental affairs; Object of the lawsuit: negligence or failure to fulfil legal obligations; Notification/summons: must be sent 60 working days before the lawsuit; Claim: does not include monetary compensation, but requests that the government create regulations and policies. This reconstruction uses a dignified justice approach, namely Simplification of Procedures: CLS must have simple procedures, be affordable, and cover various fields; Subject of Lawsuits: Regulations must cover human rights violations and actions that harm the public interest, with an emphasis that the public interest also includes human rights; Judicial Competence: the authority between the District Court (PN) and the Administrative Court (TUN) must be clarified, with human rights-related lawsuits falling under the competence of the District Court; Capacity Building for Judges: training for District Court judges; Dismissal Mechanism: there is an initial selection process to screen CLS cases.
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