Proceedings of the 2022 Brawijaya International Conference (BIC 2022)

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Application of the Principle of in Dubio Pro Natura by Judges in Realizing Sustainable Environmental Development (Study of Supreme Court Decision No. 651 K/Pdt/2015)

Authors
Eka N. A. M. Sihombing1, *, Dani Sintara1, Muhammad Taufik Nasution1, Cynthia Hadita1
1Lentera Konstitusi dan Keadilan (Constitution and Justice Lantern Foundation), Jakarta, Indonesia
*Corresponding author. Email: ekahombing@umsu.ac.id
Corresponding Author
Eka N. A. M. Sihombing
Available Online 30 April 2023.
DOI
10.2991/978-94-6463-140-1_28How to use a DOI?
Keywords
principle; Sustainability; environment; judge
Abstract

Environmental exploration is not allowed to be carried out in the Leuser Ecosystem Area which is included in the 25 ecosystem areas of the world but it is carried out by PT. KA as a corporation holding a business license. Sustainable environmental problems can essentially be overcome by judges’ decisions that are philosophical and have legal findings (rechtvinding), one of which is the application of the principle in dubio pro natura in Supreme Court Decision No. 651 K/Pdt/2015 which needs to be analyzed. The research method used is normative juridical with a doctrinal approach. The results showed that the application of the concept of deep ecology with progressive judges applying the principle of in dubio pro natura in the Supreme Court Decision Number 651 K/Pdt/2015 as a form of ensuring environmental sustainability, one of which is not allowed to explore the environment in the Leuser Ecosystem Area (KEL) in Aceh so that business licenses those owned by corporations should be set aside and charged with responsibility for environmental restoration.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2022 Brawijaya International Conference (BIC 2022)
Series
Advances in Economics, Business and Management Research
Publication Date
30 April 2023
ISBN
10.2991/978-94-6463-140-1_28
ISSN
2352-5428
DOI
10.2991/978-94-6463-140-1_28How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Eka N. A. M. Sihombing
AU  - Dani Sintara
AU  - Muhammad Taufik Nasution
AU  - Cynthia Hadita
PY  - 2023
DA  - 2023/04/30
TI  - Application of the Principle of in Dubio Pro Natura by Judges in Realizing Sustainable Environmental Development (Study of Supreme Court Decision No. 651 K/Pdt/2015)
BT  - Proceedings of the 2022 Brawijaya International Conference (BIC 2022)
PB  - Atlantis Press
SP  - 291
EP  - 300
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-140-1_28
DO  - 10.2991/978-94-6463-140-1_28
ID  - Sihombing2023
ER  -