The Potential for Double Jeopardy Violations in the Regulation of The Imposition of Cumulation of External Sanctions for Violations of Space Utilization

Spatial planning provisions regulate the cumulative external sanctions for acts of violation of space use. This article aims to analyze potential violations of the double jeopardy principle of these provisions. This research is important considering that spatial planning plays an important role in realizing the welfare of the Indonesian people by the mandate of the state constitution so that law enforcement must be implemented appropriately without violating legal principles. The research results show that there is indeed a potential violation of the double jeopardy principle in the regulation, due to the developments of administrative and criminal sanctions nature. To overcome this, it’s necessary to reformulate the legal provisions of spatial planning and implement a cumulation of external sanctions that give more attention to legal principles.

Publication Details

Journal
Ubaya Repository (University of Surabaya)
Published
2025-09-01
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

The Potential for Double Jeopardy Violations in the Regulation of The Imposition of Cumulation of External Sanctions for Violations of Space Utilization

Ubaya Repository (University of Surabaya)
Legal and Policy Analysis in Indonesia
article

The Potential for Double Jeopardy Violations in the Regulation of The Imposition of Cumulation of External Sanctions for Violations of Space Utilization

article en

Abstract

Spatial planning provisions regulate the cumulative external sanctions for acts of violation of space use. This article aims to analyze potential violations of the double jeopardy principle of these provisions. This research is important considering that spatial planning plays an important role in realizing the welfare of the Indonesian people by the mandate of the state constitution so that law enforcement must be implemented appropriately without violating legal principles. The research results show that there is indeed a potential violation of the double jeopardy principle in the regulation, due to the developments of administrative and criminal sanctions nature. To overcome this, it’s necessary to reformulate the legal provisions of spatial planning and implement a cumulation of external sanctions that give more attention to legal principles.

Ubaya Repository (University of Surabaya)
Peace, Justice and strong institutions
Openalex Percentile: Top 25%
Legal and Policy Analysis in Indonesia
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